4/10/2020
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pre-employment medical examination wherein he was pronounced as “fit to work.”
Thus, her husband joined his vessel of assignment and performed his duties as Oiler.
On or about April 18, 2001, a death certificate was issued by the Ministry of Health of
the United Arab Emirates wherein it was stated that Jacinto died on April 9, 2001 due
to asphyxia of drowning. Later on, an embalming and sealing certificate was issued
after which the remains of Jacinto was brought back to the Philippines.
After learning of the death of Jacinto, respondent claimed from petitioners the payment
of death compensation in the amount of US$50,000.00 and burial expenses in the
amount of US$1,000.00, as well as additional death compensation in the amount of
US$7,000.00, for the minor Eimaereach Rose de Gracia Teringtering but was refused
without any valid cause. Hence, a complaint was filed against the petitioners.
Respondent claimed that in order for her husband's death to be compensable it is
enough that he died during the term of his contract and while still on board.
Respondent asserted that Jacinto was suffering from a psychotic disorder, or Mood
Disorder Bipolar Type, which resulted to his jumping into the sea and his eventual
death. Respondent further asserted that her husband’s death was not deliberate and
not of his own will, but was a result of a mental disorder, thus, compensable.
For its part, petitioner Crewlink alleged that sometime on April 9, 2001, around 8:20
p.m. while at Nasr Oilfield, the late Jacinto Teringtering suddenly jumped into the sea,
but the second engineer was able to recover him. Because of said incident, one
personnel was directed to watch Jacinto. However, around 10:30 p.m., while the boat
dropped anchor south of Nasr Oilfield and went on standby, Jacinto jumped off the boat
again. Around 11:00 p.m., the A/B watchman reported that Jacinto was recovered but
despite efforts to revive him, he was already dead from drowning.
Petitioner asserted that Teringtering was not entitled to the benefits being claimed,
because Jacinto committed suicide. Despite the non-entitlement, however, Teringtering
was even given burial assistance in the amount of P35,800.00 and P13,273.00 on May
21, 2001. She likewise received the amount of US$792.51 representing donations from
the GMS staff and crew. Petitioner likewise argued that Teringtering is not entitled to
moral and exemplary damages, because petitioner had nothing to do with her late
husband's untimely demise as the same was due to his own doing.
As part of the record, respondent submitted Ship Captain Oscar C. Morado's report on
the incident, which we quote:
At arround 2000 hrs. M/V Raja 3404 still underway to Nasr Complex w/ 1
passenger. 2018 hrs. A/side Nasr Complex boatlanding to drop 1 passenger
At 2020 hrs. Mr. Jacinto Tering Tering suddenly jump to the sea, while the
boat cast off from Nasr Complex boatlanding. And the second Engr. Mr.
Sudarto jump and recover Mr. Jacinto Tering Tering the oiler.
2040 hrs. Dropped anchor south of Nasr oilfield and standby. And that time
informed to GMS personnel about the accident, And we informed to A/B on
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