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Veritably, if the illness which caused the employee's death was either contracted in the
course of his employment or aggravated during the same period, the clear causal
connection between such illness and the employee's eventual death already legally
exists, making the death compensable regardless of when such subsequent death
occurred.[45] It is not even required that the illness contracted during the course of
employment be the exact same illness that caused the eventual death, for as long as it
can be established that the work-related ailment he contracted during the course of his
employment be that which triggered the deterioration of his body's resistance against
the said illness, any related condition, or any other affliction that he may have
subsequently had.[46]
In the present case, Eduardo's causes of death included acute respiratory failure which
was diagnosed as secondary to pulmonary thromboembolism. It does not demand a
stretch of the imagination to reasonably presume that the conditions to which Eduardo
was exposed to during the fulfillment of his duties as Second Officer aboard petitioners'
vessel at the very least contributed to either the contracting of said respiratory illness
or the aggravation thereof.
Such a seafarer's sacrifice of labor and health for the petitioners' ultimate profit as in
this case demands that the death resulting therefrom be duly indemnified, consistent
with our avowed doctrine of protection of the rights of labor and our high aspirations
for social justice.
WHEREFORE, the petition is DENIED. The assailed Decision dated December 22,
2011 and Resolution dated February 24, 2012 of the Court of Appeals in CA-G.R. SP
No. 109711 are AFFIRMED.
SO ORDERED.
Bersamin, C. J., (Chairperson), Del Castillo, Gesmundo, and Carandang, JJ., concur.
[1] Rollo, pp. 28-72.
[2] Id. at 14-24. Penned by Associate Justice Fernanda Lampas Peralta, concurred in by
Associate Justices Mario V. Lopez and Socorro B. Inting.
[3] Id. at 26.
[4] Id. at 173-180.
[5] Id. at 200-201.
[6] POEA Memorandum Circular No. 9, Series of 2000, Amended Standard Terms and
Conditions Governing the Employment of Filipino Seafarers On Board Ocean-going
Vessels.
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