Marquez v. Sec. of Labor, 171 SCRA 337, 343 [1989]; Almoite v. Pacific Architects
& Eng'rs. Inc., 142 SCRA 623, 628 [1986].
xi[11]
Approved in 1989 and revised in 1996 by POEA Memorandum Circular No. 55,
Series of 1996.
xii[12]
Now Section 20 [A], No. 1, Revised Standard Employment Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels which reads:
xiii[13]
"1. In case of death of the seafarer during the term of his contract, the employer shall
pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand
US dollars (US$50,000) and an additional amount of Seven Thousand US dollars
(US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4)
children, at the exchange rate prevailing during the time of payment.
Now Section 20 [B] [D], Revised Standard Employment Terms and Conditions Governing the
Employment of Filipino Seafarers on Board Ocean-Going Vessels which also reads:
xiv[14]
"D. No compensation shall be payable in respect of any injury, incapacity, disability or
death of the seafarer resulting from his willful or criminal act, provided, however, that the
employer can prove that such injury, incapacity, disability or death is directly attributable
to the seafarer.
Mabuhay Shipping Services, Inc. v National Labor Relations Commission, 193
SCRA 141, 145 [1991].
xv[15]
xvi[16]
Annex "1" to petitioners' Position Paper, Records, pp. 226-227.
xvii[17]
Id.
xviii[18]
"Cause of Death Form," Annex "2" to Petitioners' Position Paper, Records, pp. 234.
xix[19]
Annex "1-B" to Petitioners' Position Paper, Records, p. 225.
xx[20]
Id., p. 217.
xxi[21]
Exhibit "1" to Private Respondents' Memorandum on Appeal, Records, p. 323.
xxii[22]
Annex "3" to Petitioners' Position Paper, Records, p. 219.
xxiii[23]
Exhibit "7" to Misada's and Envidiado's Memorandum on Appeal, NLRC Records, p. 317.
xxiv[24]
Exhibit "8" to Misada's and Envidiado's Memorandum of Appeal, NLRC Records, p. 317.
Insular Life Assurance Co. v. Suva, 62 Phil. 346, 351 [1935]; Sison v. Sun Life Assurance Co. (CA)
47 O.G. 1954, 1967 [1949]; also cited in Regalado, Remedial Law Compendium, vol. 2, pp. 525-526
[1989], and in Francisco, Evidence, p. 516 [1996].
xxv[25]