4/15/2021
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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
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