6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly which caused his death; and c) the death is compensable, unless there is some reasonable basis to support otherwise. x x x.[31] In the instant case, Rogelio was repatriated not because of any illness but because his contract of employment expired. There is likewise no proof that he contracted his illness during the term of his employment or that his working conditions increased the risk of contracting the illness which caused his death. Based on these considerations, it is apparent that the instant petition is without merit and that the CA was correct when it reversed and set aside the NLRC award of death benefits to the petitioners as heirs of Rogelio. While the Court adheres to the principle of liberality in favor of the seafarer in construing the POEA-SEC, we cannot allow claims for compensation based on surmises. When the evidence presented negates compensability, the Court has no choice but to deny the claim, lest we cause injustice to the employer.[32] WHEREFORE, the petition is DENIED. The Decision dated May 31, 2007 and Resolution dated October 14, 2008 of the Court of Appeals in CA-G.R. SP No. 93606 are AFFIRMED. SO ORDERED. Velasco, Jr., (Chairperson), Perez, Leonen,* and Jardeleza, JJ., cocncur. May 25, 2016 NOTICE OF JUDGMENT Sirs / Mesdames: Please take notice that on April 13, 2016 a Decision, copy attached hereto, was rendered by the Supreme Court in the above-entitled case, the original of which was received by this Office on May 25, 2016 at 9:47 a.m. Very truly yours, (SGD)WILFREDO V. LAPITAN Division Clerk of Court * Additional Member per Raffle dated February 18, 2015 vice Associate Justice Diosdado M. Peralta. [1] Rollo, pp. 8-24. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61878 6/8