6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly B. COMPENSATION AND BENEFITS FOR DEATH 1. In case of work-related 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 at the time of payment. xxxx D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act or intentional breach of his duties, provided however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.[27] Clearly, the employer is liable to pay the heirs of the deceased benefits once it is established that he died during the effectivity contract. However, the employer may be exempt from liability if prove that the seaman’s death was caused by an injury directly seafarer for death of his employment it can successfully attributable to his deliberate or willful act.[28] Thus, since petitioners were able to substantially prove that seaman Glicerio’s death is directly attributable to his deliberate act of hanging himself, his death, therefore, is not compensable and his heirs not entitled to any compensation or benefits. Finally, although this Court commiserates with the respondent, absent substantial evidence from which reasonable basis for the grant of benefits prayed for can be drawn, we are left with no choice but to deny her petition, lest an injustice be caused to the employer. While it is true that labor contracts are impressed with public interest and the provisions of the POEA Employment Contract must be construed logically and liberally in favor of Filipino seamen in the pursuit of their employment on board oceangoing vessels, still the rule is that justice is in every case for the deserving, to be dispensed with in the light of established facts, the applicable law, and existing jurisprudence.[29] WHEREFORE, premises considered, the instant petition is GRANTED. The Decision dated October 29, 2012 and Resolution dated March 27, 2013 of the Court of Appeals are hereby REVERSED and SET ASIDE. The Decision dated September 30, 2010 and Resolution dated December 30, 2010 of the National Labor Relations Commission are REINSTATED. SO ORDERED. Velasco, Jr., (Chairperson), Villarama, Jr., Reyes, and Jardeleza, JJ., concur. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58912 10/12

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