6/5/2020
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erred in denying her Petition, considering that Eduardo’s death was brought about by a
work-related illness.[32]
In deciding a Rule 45 Petition for Review on Certiorari of a Court of Appeals Decision in
a Rule 65 Petition for Certiorari, this court is limited to determining whether the Court
of Appeals was correct in establishing the presence or absence of grave abuse of
discretion.[33] Thus, the proper issue in this case is whether the Court of Appeals
correctly determined that there was no grave abuse of discretion on the part of the
National Labor Relations Commission when it denied petitioner Flor G. Dayo’s claim for
death benefits.
To support her claim for death benefits, petitioner cites Section 20(A), paragraphs (1)
and (4) of the 2000 Philippine Overseas Employment Administration Standard
Employment Contract (POEA SEC)[34] which state that:
Section 20. Compensation and Benefits
A. Compensation and Benefits for Death
1. In 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.
....
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 advise for disposition of seafarer’s remains.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/59159
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