origin. Considering the conflicting findings of the NLRC, the CA and the Labor Arbiter,
we are impelled to resolve the factual issues in this case along with the legal ones.15[15]
Section 20 of the Standard Terms and Conditions Governing the Employment of
Filipino Seafarers On-Board Ocean-Going Vessels states:
A.
COMPENSATION AND BENEFITS FOR DEATH
1.
In case of death of the seafarer during the term of his contact, 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 children, at the
exchange rate prevailing during the time of payment. (Emphasis
supplied)
Thus, as we declared in Gau Sheng Phils., Inc. v. Joaquin, Hermogenes v. Oseo
Shipping Services, Inc., Prudential Shipping and Management Corporation v. Sta. Rita,
Klaveness Maritime Agency, Inc. v. Beneficiaries of Allas, in order to avail of death
benefits, the death of the employee should occur during the effectivity of the employment
contract.16[16] For emphasis, we reiterate that the death of a seaman during the term of
employment makes the employer liable to his heirs for death compensation benefits, but
15 [15]Prudential Shipping and Management Corporation v. Sta. Rita, G.R. No. 166580, February 8, 2007, 515 SCRA 157, 167.
See also White Diamond Trading Corporation v. National Labor Relations Commission, G.R. No. 186019, March 29, 2010.
16 [16] Estate of Posedio Ortega v. Court of Appeals, G.R. No. 175005, April 30, 2008, 553
SCRA 649, 655-656.