Saturday, October 11, 2008 Seafarer’s death compensation By Dominador A. Almirante Labor case digest
VIRGILLO Sta. Rita was a seafarer hired by petitioners as oiler. While on board, he was found to be suffering from umbilical hernia. On March 8, 2000, he was repatriated for treatment in the Philippines.
On Feb. 13, 2001, he was brought again to the hospital for treatment of several other diseases. On March 18, 2001, he died. Is he entitled to death compensation?
Ruling: No.
The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits. Once it is established that the seaman died during the effectivity of his employment contract, the employer is liable. However, if the seaman dies after the termination of his contract of employment, his beneficiaries are not entitled to the death benefits enumerated above.
Section 18(B) (1 to 4) of the Contract further provides that the employment of the seafarer is terminated upon his sign-off; in case he is disembarked for medical treatment pursuant to Section 18(B)(1) of the Contract, the employer shall bear the full cost of repatriation in the event the seafarer is fit for repatriation.
In the present case, Virgilio was repatriated for medical reasons; he arrived in the Philippines on March 8, 2000 for surgical repair after he was diagnosed with umbilical hernia. Virgilio’s employment was thus terminated upon his repatriation on March 8, 2000. Consequently, when he died on March 18, 2001, his employment with petitioners had long been terminated.
Hence, respondents are not entitled to receive death benefits under the contract from petitioners. (Prudential Shipping and Management Corp., et. al. versus Emerlinda A. Sta. Rita, G.R. No. 166580, Feb. 8, 2007).
