5/19/2021
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follows:
a. The employer shall pay the deceased's beneficiary all
outstanding obligations due the seafarer under this Contract.
b. The employer shall transport the remains and personal effects
of the seafarer to the Philippines at employer's expense except if
the death occurred in a port where local government laws or
regulations do not permit the transport of such remains. In case
death occurs at sea, the disposition of the remains shall be
handled or dealt with in accordance with the master's best
judgment. In all cases, the employer/master shall communicate
with the manning agency to advise for disposition of seafarer's
remains.
c. The employer shall pay the beneficiaries of the seafarer the
Philippines currency equivalent to the amount of One Thousand
US dollars (US$1,000) for burial expenses at the exchange rate
prevailing during the time of payment. (Emphasis supplied)
Applying the above rule, the Court established that in order for the beneficiaries of a
seafarer to be entitled to death compensation from the employer, it must be proven
that the death of the seafarer (1) is work-related; and (2) occurred during the term of
his contract[16]
A. Buenaflor's Illness and Resulting Death are Work-Related
Work-related death refers to death which results from a work-related injury or illness.
[17] A work-related illness, on the other hand, pertains to any sickness resulting to
disability or death as a result of an occupational disease listed under Section 32-A of
the POEA-SEC, which are compensable if the conditions stated therein are satisfied.[18]
This, however, does not mean that only those listed in Section 32-A are compensable.
Under Section 20(A)(4) of the POEA-SEC, those illnesses not listed in Section 32-A are
disputably presumed as work-related.
A disputable presumption has been defined as a specie of evidence that may be
accepted and acted on when there is no other evidence to uphold the contention for
which it stands, or one which may be overcome by other evidence.[19] Moreover,
Section 3, Rule 131, of the Rules of Court states that a disputable presumption is
satisfactory if uncontradicted and not overcome by other evidence. In the case of
Spouses Surtida v. Rural Bank of Malinao (Albay), Inc.,[20] we explained the effects of
disputable presumption as follows:
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66498
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