6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly erred in denying her Petition, considering that Eduardo’s death was brought about by a work-related illness.[32] In deciding a Rule 45 Petition for Review on Certiorari of a Court of Appeals Decision in a Rule 65 Petition for Certiorari, this court is limited to determining whether the Court of Appeals was correct in establishing the presence or absence of grave abuse of discretion.[33] Thus, the proper issue in this case is whether the Court of Appeals correctly determined that there was no grave abuse of discretion on the part of the National Labor Relations Commission when it denied petitioner Flor G. Dayo’s claim for death benefits. To support her claim for death benefits, petitioner cites Section 20(A), paragraphs (1) and (4) of the 2000 Philippine Overseas Employment Administration Standard Employment Contract (POEA SEC)[34] which state that: Section 20. Compensation and Benefits A. Compensation and Benefits for Death 1. In 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. .... 4. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of employment are as follows: a. The employer shall pay the deceased’s beneficiary all outstanding obligations due the seafarer under this Contract. b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer’s expense except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master’s best judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer’s remains. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59159 4/12

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