4/15/2021 E-Library - Information At Your Fingertips: Printer Friendly From the foregoing, Dr. Ruwanpura remarked that "the circumstantial data and [his] autopsy findings are in keeping with self suspension." Thus, pronounced the cause of death to be asphyxia due to hanging.[16] Subsequently, petitioner filed her claim for benefits arising from the death of Manuel, but the respondents refused to grant her any. Respondents averred that Manuel's death was not compensable because he took his own life.[17] This prompted petitioner to file a Notice to Arbitrate[18] on August 7, 2014, before the NCMB of the Department of Labor and Employment (DOLE) demanding for payment of the following: 1. Compensation for Loss of Life pursuant to the applicable CBA in the amount of US$89,100.00: 2. Death Benefit in the amount of US$50,000.00 and Burial Expenses in the amount of US$1,000.00 pursuant to the Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels: 3. Mandatory Insurance Benefit of at least US$10,000.00 pursuant to R.A. 10022: 4. Moral damages in the amount of [PhP] 2,500,000.00; 5. Exemplary damages in the amount of [PhP] 2,500,000.00; 6. Attorney's fees equivalent to ten (10) per cent of the total monetary award.[19] In asking for compensation for loss of life, petitioner averred that under Article 25 of the Collective Bargaining Agreement (CBA) which covers Manuel's employment contract, respondents unconditionally bound themselves to pay the same in the event of death of a seafarer through any cause while employed by them. The Philippine Overseas Employment Administration's (POEA's) Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels, furthermore entitled her to death and burial benefits. Her claim for insurance benefits was likewise supported by Republic Act (R.A.) No. 10022.[20] The wanton and oppressive manner by which respondents refused to accord to her the benefits due her made respondents liable for moral and exemplary damages, as well as attorney's fees. [21] Respondents, for their part, insisted that they were not liable to pay compensation with respect to the death of Manuel since the POEA's Standard Employment Contract (POEASEC), as well as the CBA specifically exclude from the payment of benefits for death that are directly attributable to the seafarer. As proof that Manuel committed suicide, respondents presented the following pieces of evidence: (a) Investigation Report on the death of Manuel conducted by Maharoof and Zavahir on October 18, 2013, on board M/V Sea Lord which included the individual statements of Manuel's co-workers regarding his death;[22] (b) photocopy of pictures taken of the room where Manuel hanged himself and the retrieval of his body from where he was suspended;[23] (c) Cause of Death Form stating the cause of Manuel's death was under investigation;[24] and (d) Post-Mortem Report issued by Dr. Ruwanpura stating Manuel's cause of death https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237 3/37

Select target paragraph3