"1. In case of death of the seaman during the term of this Contract, the employer shall
pay his beneficiaries the Philippine Currency equivalent to the amount of
U.S.$50,000.00 and an additional amount of U.S.$7,000.00 to each child under the age
of twenty-one (21) but not exceeding four children at the exchange rate prevailing
during the time of payment.
x
x
x."xiii[13]
Part II, Section C, No. 6 of the same Standard Employment Contract also provides:
"6. No compensation shall be payable in respect of any injury, incapacity, disability or
death resulting from a willful act on his own life by the seaman, provided, however, that
the employer can prove that such injury, incapacity, disability or death is directly
attributable to him."xiv[14]
The death of a seaman during the term of his employment makes the employer liable to
the former's heirs for death compensation benefits. The POEA Standard Employment
Contract fixes the amount at U.S.$50,000.00 and an additional amount of
U.S.$7,000.00 for each child, not exceeding four, under twenty-one years of age. The
employer becomes liable once it is established that the seaman died during the
effectivity of his employment contract. This rule, however, is not absolute. The employer
may be exempt from liability if he can successfully prove that the seaman's death was
caused by an injury directly attributable to his deliberate or willful act.xv[15]
In the instant case, petitioners claim that the deaths of the two seamen came as a result
of their self-inflicted injuries. As proof, petitioners presented written statements from the
master of the M/V Pan Victoria, the medical reports of Misada, Envidiado and Arturo
Fajardo, the seaman who survived the infection, and the written statements of three (3)
officers of the vessel taken during a special inquiry conducted after their deaths.
Petitioners contend that Misada and Envidiado and Arturo Fajardo implanted fragments
of the horn of a reindeer or antelope in their respective sexual organs while on a voyage
on board the M/V Pan Victoria. The horn was left by a Greek officer from a previous
voyage. Misada found the horn and asked for it from the Chief Officer. Misada gave the
horn to the Second Engineer to carve and shape for implantation. Thereafter, shaped
fragments of the horn were inserted by Misada and Envidiado subcutaneously into their
respective sex organs on June 19, 1991 while that of Fajardo was implanted two or
three days later. The implantations were made surgically in the absence of sanitary and
sterile facilities.
Several days later, Misada complained of difficulty in swallowing and breathing. He had
severe tonsillitis and was suffering from spasms and convulsions.xvi[16] The ship captain
was compelled to alter course and drop anchor at Colombo, Sri Lanka for medical
treatment.xvii[17] Misada, however, died on board the vessel on June 28, 1991. His dead
body was examined at the Colombo General Hospital, Colombo, Sri Lanka, where the