The Supreme Court (SC) has decided in favor of the employer of a Filipino seaman by not ordering to give full death compensation to the latter’s family because of official findings that he committed suicide.
In its decision, the SC’s Third Division through Associate Justice Consuelo Ynares-Santiago said while “provisions of the Standard Employment Contract are liberally construed in favor of Filipino seafarers and their dependents,” the same cannot extend full death benefits when a seafarer dies by his own hand.
“We commiserate with respondents for the unfortunate fate that befell their loved one; however, we find that the factual circumstances in this case do not justify the grant of death benefits as prayed for by them as beneficiaries of Salvador,” the SC said.
Associate Justices Minita Chico-Nazario, Presbitero Velasco Jr., Antonio Nachura and Diosdado Peralta concurred.
The seaman was the late Salvador Surigao, who was hired as fitter by the Great Southern Maritime Services Corporation, for and in behalf of IMC Shipping Co. Pte., Ltd. (Singapore) for a period of 10 months.
In his pre-employment medical examination, he was found fit for sea duty. Thus, on April 29, 2001, he commenced his work aboard MV Selendang Nilam.
However, on Aug. 22, 2001, as per ship master’s advice, a doctor was sent on board the vessel to medically attend to Salvador due to complaints of extensive neuro dermatitis, neck region viral, aetiology, urticaria, maculo popular, rash extending to the face, chest and abdomen.
After examination, Salvador was advised to take a blood test. His condition having worsened, he was confined at the Seven Hills Hospital. Not long thereafter, the ship master decided to sign him off from the vessel on Aug. 25, 2001 for treatment in the hospital and for repatriation upon certification of the doctor that he was fit to travel.
Prior to his repatriation, though, or on Aug. 26, 2001, around 7 a.m., Salvador was found dead inside the bathroom of his hospital room.
Later, his body was transferred to a government hospital, the Ling George Hospital Mortuary Hall, for post-mortem examination. The post-mortem certificate issued by the Department of Forensic Medicine, Visakhapatnam City, stated that the cause of death of Salvador was asphyxia due to hanging.
His widow is seeking to be compensated the full amount in the contract a provision of which states that in case of death of the seafarer during the term of his contract, the employer shall pay his beneficiaries the Philippine currency equivalent to the amount of $50,000 and an additional amount of $7,000 to each child under the age of 21.
Under the same contract, however, no compensation and benefits shall be payable in any injury or death of the seafarer from his act. –Benjamin B. Pulta, Daily Tribune
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