5/28/2020
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[21]
Paragraph 2 of the Contract of Employment between petitioner’s husband and
respondents states that the terms and conditions of Department of Labor and
Employment (DOLE) Order No. 4, Series of 2000, as amended by Philippine Overseas
Employment Administration (POEA) Memorandum Circular No. 9, Series of 2000,
entitled the Standard Terms and Conditions Governing the Employment of Filipino
Seafarers On Board Ocean-Going Vessels (POEA Standard Employment Contract), shall
be strictly and faithfully observed.[22] Said issuances provide a set of minimum
requirements acceptable to the government for the employment of Filipino seafarers on
board ocean-going vessels.[23]
Section 20 (A) of the POEA Standard Employment Contract provides:
SECTION 20. COMPENSATION AND BENEFITS
A.
COMPENSATION AND BENEFITS FOR DEATH
1. In the 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 during the time
of payment.
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4. The other liabilities of the employer when the seafarer dies as a result
of work-related injury or illness during the term of employment are
as follows:
a.
The employer shall pay the deceased's beneficiary all
outstanding obligations due the seafarer under this Contract.
b.
The employer shall transport the remains and personal
effects of the seafarer to the Philippines at employer's expense
except if the death occurred in a port where local government
laws or regulations do not permit the transport of such remains.
In case death occurs at sea, the disposition of the remains shall
be handled or dealt with in accordance with the master's best
judgment. In all cases, the employer/master shall communicate
with the manning agency to advice (sic) for disposition of
seafarer's remains.
c. The employer shall pay the beneficiaries of the seafarer the
Philippines currency equivalent to the amount of One Thousand
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