4/15/2021
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Respondents cannot also validly argue that the POEA-SEC takes precedence over the
terms of the CBA, in that, death must be work-related in order to be compensable. The
Court has already settled that, in the event that the clauses in the CBA provide for
greater benefits to the seafarer, the same must prevail over the standard terms and
benefits formulated by the POEA in its Standard Employment Contract inasmuch as a
contract of labor is so impressed with public interest that the more beneficial conditions
must be endeavored in favor of the laborer. This is in keeping with the avowed policy of
the State to give maximum aid and full protection to labor as enshrined in Article XIII
of the 1987 Constitution.[112] Thus, the CA ruled correctly when it held that petitioner
is entitled to death benefits, transportation expenses and burial expenses.
Petitioner is not entitled to
insurance benefits under R.A.
No. 10022
Section 23 of R.A. No. 10022 provides for the compulsory insurance coverage of
migrant workers. It reads:
Section 23. A New Section 37-A of Republic Act No. 8042, as a mended, is
hereby added to read as follows:
SEC. 37-A. Compulsory Insurance Coverage of Agency Hired
workers. - In addition to the performance bond to be filed by the
recruitment/manning agency under Section 10, each migrant
worker deployed by a recruitment /manning agency shall be
covered by a compulsory life insurance policy which shall be
secured at no cost to the said worker. Such insurance policy shall
be effective for the duration of the migrant worker's employment
contract and shall cover, at the minimum:
(a) Accidental death, with at least fifteen
thousand
United
States
dollars
(US$15,000.00) survivor's benefit payable to
the migrant worker's beneficiaries;
Without question, respondents become liable for the payment of the compulsory life
insurance benefit of US$15,000.00 only when the employee died of an accidental
death. Inasmuch as the Court had already ruled that Manuel committed suicide, the CA
correctly deleted the award of US$15,000.00 by way of life insurance in favor of the
petitioner.
Even assuming that respondents failed to procure a life insurance coverage for Manuel
as mandated by R.A. No. 10022, such failure does not merit the automatic award of the
aforementioned sum to the petitioner as the same pertains to the minimum of the life
insurance policy coverage to be paid by the insurance company only to qualified
beneficiaries and for such causes as specified therein, and is not a penalty or fine to be
paid by the manning agency.
Petitioner
is
entitled
to
overtime pay, owner's bonus,
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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