4/9/2020 E-Library - Information At Your Fingertips: Printer Friendly all visceral organs,” not a burn injury or tetanus. Moreover, the death of Zosimo occurred outside, and not during the term, of the seaman’s contract as the seafarer signed-off and was disembarked for medical reasons pursuant to Section 18 (B) 1 of the POEA SEC.[22] For said reason, it is not compensable. Respondent’s contention Respondent counters that the entitlement to the benefits by Zosimo’s family should not be defeated by the fault of the people who failed to indicate in the proper documents that Zosimo indeed died of tetanus. Zosimo’s death, on July 31, 1996, was still within the contract period as he joined the M.V. Apollo on September 7, 1995, for a 12-month employment contract. The Court’s Ruling The petition is meritorious. In petitions for review on certiorari, only questions of law may be raised, the only exception being when the factual findings of the appellate court are erroneous, absurd, speculative, conjectural, conflicting, or contrary to the findings culled by the court of origin.[23] Considering the conflicting findings of the LA and the NLRC and those of the CA, the Court is constrained to resolve the factual issues together with the legal ones. The employment of seafarers, including claims for death benefits, is governed by the contracts they sign every time they are hired or rehired, as long as the stipulations therein are not contrary to law, morals, public order, or public policy, they have the force of law between the parties.[24] POEA Memorandum Circular No. 41, series of 1989, or the “Revised Standard Employment Contract of All Filipino Seamen On Board Ocean-Going Vessels,” as amended by POEA Memorandum Circular No. 05, series of 1994,[25] was the applicable contract then between Zosimo and petitioners. It provided for the minimum requirements prescribed by the government for the Filipino seafarer’s overseas employment. Significantly, Section C (4) (c) of the 1989 POEA SEC states: SECTION C. COMPENSATION AND BENEFITS xxx 4. The liabilities of the employer when the seaman suffers injury or illness during the term of his contract are as follows: xxx c. The employer shall pay the seaman his basic wages from the time he leaves the vessel for medical treatment. After discharge from the vessel the seaman is entitled to one hundred percent (100%) of his basic wages until he is declared fit to work or the degree of elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408 6/11