were acquired during his last employment with Osco, which started on September 14,
1991 and ended on November 9, 1991. Neither can we conclude, without competent
medical proof, that his death was a product of his illnesses that were diagnosed during
his previous employment which ended in March 1991. Indeed, the death of a seaman
several months after his repatriation for illness does not necessarily mean that: (a) the
seaman died of the same illness; (b) his working conditions increased the risk of
contracting the illness which caused his death; and (c) the death is compensable,
unless there is some reasonable basis to support otherwise. [20] In the present case, we
find no reasonable basis to award the death compensation benefits prayed for by the
beneficiaries of Ciriaco.
Moreover, we are not persuaded by petitioners argument that if we were to follow
the ruling of the CA that the beneficiaries of Ciriaco are not entitled to death benefits
under the Standard Employment Contract because Ciriacos death occurred after the
term of his contract ended, then it would mean that the deaths of seafarers which are
subject to compensation are only those which occur while the seafarers are still on
board the vessel in which they are assigned.
Petitioners reasoning is flawed. It is clear from the provisions of the Standard
Employment Contract that the only condition for compensability of a seafarers death is
that such death must occur during the effectivity of the seafarers contract of
employment.[21] Nothing in the said Standard Employment Contract requires that the
seafarer must have died while on board the sea vessel. Hence, it is possible that death
may happen even if the seafarer is not on board the vessel, as in cases where the
seafarer has to be taken off the vessel and confined in a land-based medical treatment
facility, and yet the death is compensable.
Petitioner contends that if the beneficiaries of Ciriaco are not entitled to death
benefits, then in the alternative, they should be awarded permanent total disability
compensation.
We are not convinced.
The OSG correctly observed that petitioner did not seek payment of disability
benefits in her affidavit-complaint filed with the labor arbiter. A reading of the said
affidavit-complaint shows that she only sought payment of death compensation benefits
including financial assistance for their minor child as well as burial assistance. In
addition, petitioner also prayed for the reimbursement of the expenses they have
incurred for the continued medication and hospitalization of Ciriaco. However, nothing in
her complaint shows that she raised before the labor arbiter or the NLRC the issue of
her or her husbands entitlement to permanent and total disability benefits and it was
only in her amended petition filed with the CA that petitioner raised this issue. The
resolution of this issue requires the admission and calibration of evidence and since
petitioner did not specifically raise this matter in the proceedings before the labor arbiter
and even the NLRC, these tribunals were not given a chance to pass upon it in their
assailed decisions. Hence, the issue of whether or not Ciriaco or his beneficiaries are
entitled to disability benefits can no longer be passed upon on appeal because it was
not raised in the tribunals a quo. Well-settled is the rule that issues not raised below