6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 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.[26] xxxx 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.[27] 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. [28] This rule, however, is not absolute. The employer may be exempt from liability if it can successfully prove that the seaman's death was caused by an injury directly attributable to his deliberate or willful act.[29] Clearly, respondent's entitlement to any death benefit depends on whether petitioner's evidence suffices to prove that Danilo committed suicide, and the burden of proof rests on petitioner.[30] We find that petitioner was able to prove that Danilo's death was attributable to his deliberate act of killing himself by committing suicide. WHEREFORE, the petition is GRANTED. The Decision dated November 28, 2001 and the Resolution dated January 29, 2002 of the Court of Appeals are hereby REVERSED and SET ASIDE. SO ORDERED. Velasco, Jr., (Chairperson), Abad, Mendoza, and Perlas-Bernabe, JJ., concur. [1] Penned by Associate Justice B. A. Adefuin-dela Cruz, with Associate Justices Wenceslao I. Agnir, Jr. and Rebecca de Guia-Salvador, concurring, rollo, pp. 40-45. [2] Id. at 47. [3] Id. at 54. [4] Id. at 55. [5] Id. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/40027 6/8