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12/19/21, 1:28 PM
The petition is impressed with merit.
In Medline Management, Inc. v. Roslinda,[23] we declared that "in order to avail of
death benefits, the death of the employee should occur during the effectivity of the
employment contract. The death of a seaman during the term of employment
makes the employer liable to his heirs for death compensation benefits. Once it is
established that the seaman died during the effectivity of his employment contract,
the employer is liable."
In this case, there is no dispute that Vedasto went missing on August 2, 1994,
during the effectivity of his employment contract. Thus, his beneficiaries are
entitled to the death benefits under the POEA Standard Employment Contract for
Seafarers, Section 20 of which states:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR DEATH
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.
xxxx
Thus, upon the death of Vedasto, his heirs, specifically Imelda and their four
children, are entitled to US$50,000.00 as well as US$7,000.00 for each child under
the age of 21. The status of Imelda and her four children as the legitimate
beneficiaries of Vedasto was never questioned. The only issue raised by Korphil was
the prescription of their claim.
Korphil is estopped from asserting
that the reckoning point for prescription
to set in is August 2,1994.
Preliminarily, it must be stressed that Korphil is estopped from asserting that
Imelda's cause of action accrued on August 2, 1994. Korphil could not deny the fact
that it is a party to another case filed by Gliceria P. Echavez (Gliceria), the mother of
Vedasto. In this case, Gliceria claimed death benefits due to the death of her son
Vedasto. In a Decision[24] dated October 15, 1997, Labor Arbiter Dominador A.
Ahnirante ruled that the claim was prematurely filed and hence it must be dismissed
without prejudice to the re-filing of the same at the right time. The case was refiled on August 26, 1998. In a decision[25] dated February 22, 1999, Labor Arbiter
Almirante ruled that Korphil is liable for the payment of death benefits to Gliceria.
Korphil appealed to the NLRC. On November 19, 1999, the NLRC rendered its
Decision[26] which dismissed the appeal and affirmed the Labor Arbiter's Decision.
Korphil filed with the CA a petition for certiorari[27] which was docketed as CA-G.R.
SP No. 58933. In the said petition, Korphil advanced the following arguments:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37942
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