5/28/2020
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directly attributable to his accident on the ship.[18] In addition, the applicability of
Articles 22 and 23 relating to medical attention and sick pay no longer applies since
Dovee Yap had already been repatriated at the time of his death.[19]
Hence, the present petition.
Petitioner invokes the following grounds to support its petition:
I.
THE COURT OF APPEALS COMMITTED BLATANT ERROR, GRAVE ABUSE OF
DISCRETION AND ARBITRARINESS WHEN IT REVERSED THE DECISION AND
FINDINGS OF FACT OF THE NATIONAL LABOR RELATIONS COMMISSION.
II.
THE COURT OF APPEALS COMMITTED BLATANT ERROR, GRAVE ABUSE OF
DISCRETION AND ARBITRARINESS WHEN IT DISREGARDED THE CLEAR
PROVISIONS OF DOVEE YAP’S COLLECTIVE BARGAINING AGREEMENT (CBA)
WHICH CLEARLY PROVIDES THAT HIS DEATH IS COMPENSABLE AS IT IS
DIRECTLY ATTRIBUTABLE TO THE INJURY THAT CAUSED HIS EMPLOYMENT
TO BE TERMINATED.
III.
THE DECISION OF THE COURT OF APPEALS IS CONTRARY TO THE
BENEVOLENT PROVISIONS OF DOVEE YAP’S CBA AND EVIDENCE ADDUCED
ON
RECORDS,
CONSISTENT
WITH
RELEVANT
JURISPRUDENCE
PROMULGATED BY THIS HONORABLE COURT.
IV.
PETITIONER WILL SUFFER IRREPARABLE INJUSTICE IF THE DECISION OF
THE COURT OF APPEALS WILL NOT BE RECTIFIED BY THIS HONORABLE
COURT.
In essence, the issue to be resolved is whether or not the petitioner is entitled to
compensation for the death of her husband, Dovee Yap.
We rule in the negative.
The terms and conditions of a seafarer’s employment, including claims for death and
disability benefits, is a matter governed, not only by medical findings, but by the
contract he entered into with his employer and the law which is deemed integrated
therein.[20] For as long as the stipulations in the contract are not contrary to law,
morals, public order, or public policy, they have the force of law between the parties.
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