5/28/2020
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relatedness. Again, this is for the reason that the work-related death would,
by mere legal technicality, be considered to have occurred after the term of
his employment on account of his medical repatriation. It equally bears
stressing that neither would the heirs be able to receive any disability
compensation since the seafarer’s death in this case precluded the
determination of a disability grade, which, following Section 20 (B) in
relation to Section 32 of the 2000 POEA-SEC, stands as the basis therefor.
However, a strict and literal construction of the 2000 POEA-SEC, especially
when the same would result into inequitable consequences against labor, is
not subscribed to in this jurisdiction. Concordant with the State’s avowed
policy to give maximum aid and full protection to labor as enshrined in
Article XIII of the 1987 Philippine Constitution, contracts of labor, such as
the 2000 POEA-SEC, are deemed to be so impressed with public interest
that the more beneficial conditions must be endeavoured in favor of the
laborer. The rule therefore is one of liberal construction. As enunciated in the
case of Philippine Transmarine Carriers, Inc. v. NLRC [(405 Phil. 487
[2001])]:
The POEA Standard Employment Contract for Seamen is designed
primarily for the protection and benefit of Filipino seamen in the
pursuit of their employment on board ocean-going vessels. Its
provisions must [therefore] be construed and applied fairly,
reasonably and liberally in their favor [as it is only] then can its
beneficent provisions be fully carried into effect. (Emphasis
supplied)
Applying the rule on liberal construction, the Court is thus brought to the
recognition that medical repatriation cases should be considered as an
exception to Section 20 of the 2000 POEA-SEC. Accordingly, the phrase
“work-related death of the seafarer, during the term of his
employment contract” under Part A (1) of the said provision should not be
strictly and literally construed to mean that the seafarer’s work-related
death should have precisely occurred during the term of his employment.
Rather, it is enough that the seafarer’s work-related injury or illness
which eventually causes his death should have occurred during the
term of his employment. Taking all things into account, the Court reckons
that it is by this method of construction that undue prejudice to the laborer
and his heirs may be obviated and the State policy on labor protection be
championed. For if the laborer’s death was brought about (whether fully or
partially) by the work he had harbored for his master’s profit, then it is but
proper that his demise be compensated. Here, since it has been established
that (a) the seafarer had been suffering from a work-related injury or illness
during the term of his employment, (b) his injury or illness was the cause
for his medical repatriation, and (c) it was later determined that the injury
or illness for which he was medically repatriated was the proximate cause of
his actual death although the same occurred after the term of his
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58338
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