6/7/2020
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contract is a set of standard provisions set and implemented by the POEA,
called the Standard Terms and Conditions Governing the Employment of
Filipino Seafarers on Board Ocean-Going Vessels, which are considered to be
the minimum requirements acceptable to the government for the
employment of Filipino seafarers on board foreign ocean-going vessels. x x
x.[25]
Taking into consideration that Rogelio was employed on November 13, 1998, it is the
1996 Revised POEA-SEC that is considered incorporated in his contract of employment
and is controlling for purposes of resolving the issue at hand.
Section 20(A) of the 1996 Revised POEA-SEC provides that in order to avail of death
benefits, the death of the seafarer must be work-related and should occur during the
effectivity of the employment contract. The provision reads:
SECTION 20. COMPENSATION AND BENEFITS
A. COMPENSATION AND BENEFITS FOR DEATH
1. In case of 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
4. The other liabilities of the employer when the seafarer dies as a result
of injury or illness during the term of employment are as 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
Philippine 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. (Emphases supplied)
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