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ill but was not given medical attention. From the time he was confined at the
ICU he never recovered and was in and out of the hospital several times. He
may not have died during the period of his contract, but it is enough that the
employment had contributed even in a small degree to the development of
the disease and in bringing about his death.
As a result, the CA granted respondent death benefits consisting of the following:[24]
1. US$50,000.00 as death benefits;
2. US$7,000.00 as the minor child’s allowance; and
3. US$1,000.00 as burial expenses.
Petitioners moved for reconsideration, but their motion was denied by the CA.[25]
Consequently, they filed the present Rule 45 petition. They strongly refute not only the
additional grant of death benefits, but also the award of illness benefits already given
by the NLRC.
Petitioners harp on the absence of substantial evidence to prove that the illness of
Armando during his service, if it already existed at the time, was work-related. They
also fault the CA for only making a “safe presumption” that his alleged work-related
illness led to his demise. Aside from emphasizing respondent’s lack of proof, petitioners
advance the argument that death benefits cannot be awarded to respondent, because
her husband did not die during the term of his contract. In turn, respondent counters in
her Comment[26] that since the NLRC found that Armando contracted a work-related
illness resulting in the grant of illness benefits, it then follows that death benefits are
likewise due to her.
Through this Petition for Review on Certiorari, this Court now reviews whether the CA
correctly deemed that the LA and the NLRC committed a grave abuse of discretion
amounting to the lack or excess of jurisdiction in refusing to award death benefits on
top of the illness benefits allegedly due to respondent.
RULING OF THE COURT
In compensation proceedings for seafarers, this Court refers to the provisions of the
POEA Contract as it memorializes the minimum rights of a seafarer and the
concomitant obligations of an employer.[27] Section 20(A) thereof pertinently discusses
the rules on granting death benefits. Nevertheless, on account of the liberal
interpretation permeating seafarer’s agreements,[28] we also consider the possibility of
compensation for the death of the seafarer under Section 32-A of the POEA Contract.
Death Benefits under Section 20(A) of the POEA Contract
Section 20(A) of the POEA Contract, and a long line of jurisprudence explaining the
provision,[29] require that for respondent to be entitled to death benefits, Armando
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