if the seaman dies after the termination of his contract of employment, his beneficiaries
are not entitled to the death benefits.17[17] Federico did not die while he was under the
employ of petitioners. His contract of employment ceased when he arrived in the
Philippines on March 30, 1998, whereas he died on April 29, 2000.
Thus, his
beneficiaries are not entitled to the death benefits under the Standard Employment
Contract for Seafarers.
Moreover, there is no showing that the cancer was brought about by Federico's
stint on board petitioners' vessel. The records show that he got sick a month after he
boarded M/V George Mcleod. He was then brought to a doctor who diagnosed him to
have acute respiratory tract infection. It was only on June 6, 1998, more than two months
after his contract with petitioners had expired, that he was diagnosed to have Hodgkin's
Disease. There is no proof and we are not convinced that his exposure to the motor
fumes of the vessel, as alleged by Federico, caused or aggravated his Hodgkin's Disease.
While the Court adheres to the principle of liberality in favor of the seafarer in
construing the Standard Employment Contract, we cannot allow claims for compensation
based on surmises. When the evidence presented negates compensability, we have no
choice but to deny the claim, lest we cause injustice to the employer.
The law in protecting the rights of the employees, authorizes neither oppression
nor self-destruction of the employer – there may be cases where the circumstances
17 [17] Prudential Shipping and Management Corporation v. Sta. Rita, supra at 168-169.