4/10/2020
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was deliberately done. Indeed, Jacinto jumped off twice into the sea and it was on his
second attempt that caused his death. The accident report of Captain Oscar Morado
narrated in detail the circumstances that led to Jacinto's death. The circumstances of
Jacinto's actions before and at the time of his death were likewise entered in the Chief
Officer's Log Book and were attested to by Captain Morado before the Philippine
Embassy. Even the A/B personnel, Ronald Arroga, who was tasked to watch over
Jacinto after his first attempt of committing suicide, testified that despite his efforts to
prevent Jacinto from jumping again overboard, Jacinto was determined and even
shoved him and jumped anew which eventually caused his death.
Considering the foregoing, we do not find any reason to discredit the evidence
presented as well as the findings of the Labor Arbiter. Settled is the rule that factual
findings of labor officials, who are deemed to have acquired expertise in matters within
their jurisdiction, are generally accorded not only respect but even finality by the courts
when supported by substantial evidence, i.e., the amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion. More so, when there
is no showing that said findings were arrived at arbitrarily or in disregard of the
evidence on record.
Likewise, the provisions of the Code of Commerce are certainly inapplicable in this
case. For precisely, the issue for resolution here is the obligation of the employer to its
employee should the latter die during the term of his employment. The relationship
between the petitioner and Jacinto is one based on contract of employment and not one
of contract of carriage.
Under No. 6, Section C, Part II of the POEA "Standard Employment Contract Governing
the Employment of All Filipino Seamen On-Board Ocean-Going Vessels" (POEA-SEC), it
is provided that:
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6. No compensation shall be payable in respect of any injury,
incapacity, disability or death resulting from a willful act on his own
life by the seaman, provided, however, that the employer can prove
that such injury, incapacity, disability or death is directly
attributable to him. (Emphasis ours)
Indeed, in order to avail of death benefits, the death of the employee should occur
during the effectivity of the employment contract. The death of a seaman during the
term of employment makes the employer liable to his heirs for death compensation
benefits. This rule, however, is not absolute. The employer may be exempt from
liability if it can successfully prove that the seaman's death was caused by an injury
directly attributable to his deliberate or willful act.
In the instant case, petitioner was able to substantially prove that Jacinto's death was
attributable to his deliberate act of killing himself by jumping into the sea. Meanwhile,
respondent, other than her bare allegation that her husband was suffering from a
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