IN VIEW OF ALL THE FOREGOING, the appealed decision is AFFIRMED, with the MODIFICATION that: (1) the awarded compensation for the death of MelquiadesSugata-on is reduced to P608,400.00; and, (2) the award of moral and exemplary damages as well as attorneys fees is deleted. No pronouncement as to costs.[2]     The factual and procedural antecedents of this instant petition are as follows:   Candano Shipping is a domestic corporation engaged in the business of coastwise trading within the Philippines.[3] On 7 March 1994, Melquiades Sugata-on was employed by Candano Shipping as Third Marine Engineer on board its cargo vessel, M/V David, Jr., with the monthly salary of P7,800.00.[4]   On 25 March 1996, M/V David, Jr. left the port of Davao City with its cargo and 20 crew members. The voyage was initially uneventful until around seven oclock in the evening of 27 March 1996 when the vessel encountered rough seas and strong winds while traversing the waters of Lianga Bay, Surigao del Sur, causing her to tilt at three degrees on its starboard side. Due to the violent waves which continuously hammered the tilting vessel, the seawaters slowly swallowed up the main deck causing the tilting to worsen up to 30 degrees. In an effort to salvage the vessel, the ship captain changed its course from the north to the south but the tilting continued to grow to a dangerously high level, rendering the vessel beyond control. It was at this point when the ship captain ordered the crew members to abandon the vessel. Despite the efforts exerted by the crew members to save the vessel, M/V David, Jr. sank together with her cargo at around eleven oclock in the evening at Bakulin Point, LiangaBay, Surigao del Sur. Among the 20 crew members, twelve survived, one died and seven were missing. One of those who were missing was Melquiades Sugata-on (Melquiades), the husband of herein respondent, Florentina Sugata-on, (Florentina) as shown in the List of Surviving Crew of the Ill-Fated David, Jr., prepared byCandano Shipping.[5]  

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