5/28/2020
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the POEA, called the “Standard Terms and Conditions Governing the Employment of
Filipino Seafarers on Board Ocean Going Vessels,” which are considered to be the
minimum requirements acceptable to the government for the employment of Filipino
seafarers on board foreign ocean-going vessels.[47]
Among other basic provisions, the POEA-SEC – specifically, its 2000 version – stipulates
that the beneficiaries of a deceased seafarer may be able to claim death benefits for as
long as they are able to establish that (a) the seafarer’s death is work-related, and
(b) such death had occurred during the term of his employment contract.
These requirements are explicitly stated in Section 20 (A) (1) thereof, which reads:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR DEATH
1. In the case of work-related 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. (Emphases
supplied)
After an assiduous examination of the records, and as will be expounded on below, the
Court, similar to both the LA and the NLRC, finds that the above-stated requirements
positively attend petitioner’s claim for death benefits.
I. The Death of the Seafarer is Work-Related.
In the recent case of Canuel v. Magsaysay Maritime Corporation[48] (Canuel), the Court
clarified that the term “work-related death” refers to the seafarer’s death resulting from
a work-related injury or illness.
Under the 2000 POEA-SEC, the terms “work-related injury” and “work-related illness”
are, in turn, defined as follows:
Definition of Terms:
For purposes of this contract, the following terms are defined as follows:
xxxx
11. Work-Related Injury – injury(ies) resulting in disability or death
arising out of and in the course of employment.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58338
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