4/29/2020
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Officer of the National Bureau of Investigation (NBI) conducted a post-mortem
examination on AB Sy's body and certified that the cause of death was Asphyxia by
drowning.[7]
Petitioner Susana R. Sy, widow of AB Sy, demanded from respondents payment of her
husband's death benefits and compensation. Respondents denied such claim, since AB
Sy's death occurred while he was on a shore leave, hence, his death was not workrelated and, therefore, not compensable. As her repeated demands were denied,
petitioner filed, on March 1, 2006, a complaint against respondents for death benefits,
burial assistance, moral and exemplary damages, and attorney's fees.
On August 28, 2007, the Labor Arbiter (LA) rendered a Decision,[8] the dispositive
portion of which reads:
WHEREFORE, premises considered, respondent is ordered to pay
complainant the Philippine Currency equivalent to Fifty Thousand US Dollars
(US$50,000.00) as death benefit and an additional amount of Philippine
Currency equivalent to One Thousand U.S. Dollars (US$1,000.00) as burial
expenses at the exchange rate prevailing at the time of payment.
SO ORDERED.[9]
The LA found that AB Sy was still under the respondents' employ at the time he
drowned although he was on shore leave; that while on shore leave, he was still under
the control and supervision of the master or captain of the vessel as it was provided
under Section 13 of the Contract that the seafarer before taking a shore leave must
secure the consent of the master of the vessel; and his leave was conditioned on
“considerations of operations and safety” of the vessel; that another indication that a
seafarer is considered to be doing work-related functions even when on shore leave is
found in subparagraph 4, paragraph B, Section 1 of the Contract where the duties of
the seafarer are not limited to his stay while on board, but extend to his stay ashore.
The LA then ruled that since AB Sy was doing work-related functions during the term of
his contract, only a finding that his death was self- inflicted or attributable to him would
bar the payment of death benefits. It found that respondents’ evidence, which
consisted of the Indonesia Police Autopsy Report, stating that the cause of death was
drowning, did not establish the circumstance of death which would show that the death
was the result of AB Sy's willful act on his own life; that there were traces of alcohol in
his blood did not make him “intoxicated” as there was no proof that he was; and
granting that he was intoxicated, such was accidental drowning and not an intentional
taking of his own life.
Respondents filed their appeal with the National Labor Relations Commission (NLRC),
reiterating that AB Sy's death was not work-related, hence, there was no basis for the
LA's award. Petitioner also filed her appeal claiming that she was entitled to attorney's
fees as well as moral and exemplary damages.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55544
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