4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly On July 19, 1996, or nine days after repatriation to the Philippines, Zosimo reported to petitioner’s office in San Juan, Metro Manila, for payment of his contractual receivables. He was referred to Fatima Medical Clinic (FMC), the petitioners’ designated hospital. FMC’s Medical Report[8] disclosed that Zosimo’s “wound is dry not infected with viable skin graft.”[9] The same medical report also declared that Zosimo complained of “slight difficulty in flexing of left knee joint.”[10] He was advised to return for another check-up after one week. On July 31, 1996, Zosimo died at the Ospital ng Makati. As stated in the Medico-Legal Report[11]of the Philippine National Police (PNP) - Crime Laboratory, the cause of Zosimo’s death was “Pneumonia with Congestion of all visceral organs.” On July 7, 1999, respondent filed a Complaint[12] for death compensation benefits, child allowance, burial expenses, moral and exemplary damages, and attorney’s fees against petitioners before the Labor Arbiter (LA). Respondent alleged, among others, that Zosimo died of tetanus from the burns he sustained on board M.V. Apollo. In the Decision,[13] dated January 31, 2000, LA Fatima Jambaro-Franco (LA JambaroFranco) dismissed the complaint for lack of merit. LA Jambaro-Franco reasoned in this wise: x x x x. A perusal of the death certificate of seaman Zosimo Soria shows that the cause of death was “Pneumonia with Congestion of All Visceral Organs.” Even the Medico-Legal Report No. M-1197-96 dated August 5, 1996 also confirmed that the cause of Soria’s death was “Pneumonia with Congestion of All Visceral Organs.” Verily, the cause of seaman Soria’s death was not the burn he suffered on his left knee but was due to pneumonia which he could have contracted locally while he was in his province. Under these circumstances, it would be unfair and unjust to hold respondent liable for his death benefits inasmuch as his illness was not work-related. Moreover, the records show that when seaman Soria died, his employment contract had already lapsed/expired. Under Section 20 (A) of the terms and conditions of the POEA Standard Employment Contract, it provides that “in case of the death of his seafarer during the term of his contract, the employer shall pay his beneficiaries x x x.” Verily, considering that seaman Soria died after his contract was already terminated, it follows that his employer is not liable to pay his beneficiaries. In trying to justify her claims, complainant advanced the theory that her husband died of tetanus. However, except for her bare allegation that the death was due to tetanus, no evidence was adduced in support thereof. Mr. Soria’s Medical Report, Death Certificate and Autopsy Report, do not state that he died of tetanus. On the other hand, said documents unequivoca[b]ly stated that the cause of his (Soria’s) death was pneumonia. Thus, negating complainant’s claim. Pneumonia has been defined as a disease of the lungs characterized by inflammation and consolidation followed by resolution and caused by infection elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408 2/11