April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 199954 : April 16, 2012]
CLARIBEL SALLOMAN, ET AL. v. FIL-STAR MARITIME CORPORATION, ET AL.
G.R. No. 199954 (Claribel Salloman, et al. v. Fil-Star Maritime Corporation, et al.)
RESOLUTION
After a careful perusal of the records, the Court resolves to DENY the petition for failure to show that the Court of Appeals committed any reversible error when it ruled that petitioner Claribel Salloman is not entitled to death benefits under the POEA Standard Employment Contract. While it is true that the employer is liable for death benefits to the heirs of a seaman who dies during the term of employment, however, if it is established that the seaman dies after the termination of the contract, then his heirs are not entitled to such benefits. Since petitioner Claribel Salloman's seafarer-husband, Edmar, died on January 2, 2006, or almost three months after his repatriation and, consequently, the termination of his employment contract on October 15, 2005, then his beneficiaries are not entitled to death benefits. cralaw
Similarly, the Court sustains the appellate court's finding that Edmar did not die of a work-related illness for lack of evidence showing that his lung cancer was brought about by his work onboard MV Sanko Phoenix.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court