E. In case of death at sea or at a foreign port, the tradition of the sea and
requirements of the laws of such foreign port will be observed. If practical, every
effort will be made on the part of the COMPANY to return the remains of a
deceased SEAFARER to Manilaat COMPANY expense.
F. The SEAFARER acknowledges that even without signed receipts, any
wage payments made to him for a period during which he is entitled to benefits
under any law by reason of death, temporary or permanent disability, shall be
deemed an advance payment of compensation benefits due to him under such law,
but only to the extent of benefits due for the period of disability during which
wages are paid.
Wages, as set forth in Addendum No. 1, Column (1), shall be the basis for
any calculation of benefits due SEAFARER under this Article VIII.[25] (Emphasis
supplied)
Indications that Tanchico was suffering from ischemia were detected on 8
December 1992 during Tanchico’s vacation period. Thus, petitioners paid him
disability benefits for 18 days in accordance with the Contract. Tanchico cannot
claim that he only acquired the illness during his last deployment since the Medical
Report[26] he submitted to the NLRC showed that he has been hypertensive
since 1983 and diabetic
since
1987. In
the absence of concrete proof that Tanchico acquired his disability during
his last deployment and not during his vacation, he is only entitled to disability
benefits for 18 days.
Petitioners claim that they already paid Tanchico his disability benefits for 18
days but he refused to sign the receipt.[27] Tanchico alleged that he was only paid
under the Career Employment Incentive Plan.[28] This is a factual matter which this
Court cannot resolve. This matter has to be remanded to the Labor Arbiter for
resolution.
WHEREFORE,
we GRANT the
petition. We REVERSE and SET ASIDE the 25 January 2001 Decision and 7
May 2001 Resolution of the Court of Appeals in CA-G.R. SP No.
54756. We REINSTATE the 16 October 1996 Decision of Labor Arbiter
Jose G. De Vera dismissing the complaint for illegal dismissal and the claims
for backwages, separation pay and 13th month pay. We REMAND the case to the