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vessel ever again, and he will be made to pay for all the expenses of his deployment.
Respondent further contended that seaman Glicerio became depressed, especially when
December came and he was still not allowed to go home. Seaman Glicerio called up
and texted respondent, begging her to talk to the Port Captain and allow him to go
home. He soon became ill and experienced chest pains and palpitations. He was seen
by a physician at the Fujairah Port Medical Center in Fujairah, United Arab Emirates and
was diagnosed with Muscoskeletal pain and Emotional trauma/illness. Despite this,
seaman Glicerio was not repatriated. Even when his 4-month contract expired on
December 18, 2008, he was still not allowed to join his family for Christmas.
Respondent stressed that his death was compensable because his emotional trauma
was caused by the conditions of his job and aggravated by the acts of the Port Captain.
For their part, petitioners alleged that seaman Glicerio was hired for the first time by
petitioner Unicol and seconded to one of its principals, petitioner Link Marine to board
the vessel Heredia Sea. This employment was contained in the Contract of Employment
approved by the Philippine Overseas Employment Administration (POEA). The period of
employment, as stipulated in said contract, was for a period of four to six months
starting August 18, 2008 and ending February 18, 2009.
Regrettably, before the end of his employment contract, or on January 13, 2009,
petitioners received information that seaman Glicerio committed suicide by hanging in
the store room of the Heredia Sea. This report was confirmed by the Certification of the
Philippine Consulate General at Dubai, and the accompanying documents, namely:
Medico Legal Report issued by the Ministry of Justice of the United Arab Emirates and
the Death Certificate issued by the Ministry of Health of the United Arab Emirates.
As a result of the foregoing events, respondent filed a Complaint before the Labor
Arbiter claiming death compensation under seaman Glicerio’s POEA contract.
On September 14, 2009, the Labor Arbiter rendered a Decision[5] awarding death
compensation in the amount of US$71,500.00.
The Labor Arbiter ruled that petitioners failed to satisfactorily prove by substantial
evidence that seaman Glicerio committed suicide as it relied on the inconclusive report
of the medico-legal consultant, which merely gave the cause of death. The Labor
Arbiter held as follows:
[Respondent] Delia Malipot, in behalf of her deceased husband seaman
Glicerio, is therefore entitled to death benefits and burial expenses pursuant
to Section 20 (A) (1) and (4c) of the POEA Standard Employment Contract,
which provide:
1. In case of work-related death of the seafarer during the term
of his contract, the employer shall pay his beneficiaries the
Philippine currency equivalent to the amount of Fifty Thousand
US Dollars (US$50,000) and an additional amount of Seven
Thousand US Dollars (US$7,000) to each child under the age of
twenty-one (21) but not exceeding four (4) children, at the
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58912
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