US$15,000 for master and chief engineers;
US$13,000 for other officers including radio operators and master
electricians;
US$11,000 for ratings
AT THE EXCHANGE RATE PREVAILING DURING THE TIME OF
PAYMENT. (Emphasis supplied)
In the present case, evidence shows that the last contract of employment entered
into by Ciriaco prior to his death was with Osco. The contract was signed on September
14, 1991, for a duration of ten months.[16] Hence, Ciriacos contract of employment with
Osco should have effectively ended ten months from September 14, 1991 or on July 14,
1992. However, it is undisputed that Ciriacos contract was terminated on November 9,
1991, barely two months after it was signed. There is no indication that he was
subsequently re-employed by Osco. Significantly, there is no evidence presented to
show the reason for the early termination of Ciriacos contract. Ciriaco died on
November 21, 1994, more than three years after his contract of employment was
abruptly ended. Hence, his beneficiaries are not entitled to the death benefits
enumerated above.
Even if we are to consider petitioners argument that her husbands death is
compensable because the illness which caused his death was acquired during the term
of his employment with Osco, we find no substantial evidence to prove petitioners
contention that the illness which caused the death of Ciriaco was contracted during the
term of his contract with Osco. It is noted that when Ciriaco got ill on March 2, 1991, he
was confined at a hospital in Italy and was found to be suffering from gastric ulcer with
chronical gastritis, calculosis of the gall bladder, diabetes mellitus, hypertension and
ischaemic cardiopathy.[17] He was treated and, thereafter, was repatriated and
underwent further medical treatment in the Philippines. Subsequent thereto, he was
able to secure another contract of employment with Osco. Hence, the only logical
conclusion that we could arrive at from the fact of his subsequent employment is that
Ciriaco was able to totally recover from his illness. If Ciriaco was indeed still ill or unfit to
work at the time that he underwent pre-employment medical examination, then he
should not have been allowed to sign a contract of employment. Petitioner, herself,
admitted in the present petition that [a]ll seafarers undergo a pre-employment medical
examination which they have to pass before they can be contracted.[18]
The fact that Ciriacos contract was terminated barely two months into his
employment does not necessarily prove that he was ill. We find no evidence on record
as to how and why his contract of employment was cut short. Neither was there any
allegation from the pleadings of both petitioner and respondent that Ciriacos contract
was terminated by reason of illness. Three years after, or on November 21, 1994,
Ciriaco died due to the following: immediate cause -- cardiopulmonary arrest secondary
to sepsis; antecedent cause -- toxic epidermal necrolysis; underlying cause pneumonia;
other significant causes contributing to death acute renal failure on top of chronic renal
insufficiency secondary to diabetic nephropathy.[19] In the absence of evidence, we
cannot assume that the illnesses that directly and indirectly caused the death of Ciriaco