NFD Intl Manning Agents v NLRC

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NFD INTERNATIONAL MANNING AGENTS and BARBER INTERNATIONAL A/S, petitioners,
vs.
THE NATIONAL LABOR RELATIONS COMMISSION and NELIA MISADA, for herself and in behalf of her minor children CAESAR and ALPHA JOY, all surnamed MISADA and HIMAYA ENVIDIADO, for herself and in behalf of her minor children HENREA, HAZEL, and HENDRICK, all surnamed ENVIDIADO, respondents.

Facts:

The private respondents (wives of the two deceased husbands) filed for death compensation benefits under the POEA Standard Contract of employment before the petitioners but were denied on the ground that the seaman’s deaths were due to their own wilful act who implanted fragments of reindeer horn in their respective sexual organs that due to the lack of sanitary conditions at the time and place of implantation, all three seamen suffered "severe tetanus" and "massive viral infections;" that Misada and Envidiado died within days of the other; that the third seaman, Arturo Fajardo, narrowly missed death only because the vessel was at port in Penang, Malaysia at the time the tetanus became critical. Private respondents filed separate complaints before the POEA Adjudication Office. POEA Administrator dismissed the case for lack of merit. Private respondents appealed to respondent Commission. During the pendency of the appeal, private respondents submitted additional documentary evidence in support of their Memorandum on Appeal. Respondent Commission reversed the POEA Administrator and ordered petitioners to pay private respondents. Hence this petition.

Issue:

Whether respondent Commission gravely erred in finding that the deaths of the two seamen did not come as a result of their wilful and deliberate act.

Held:

The SC dismissed the petition and affirmed the decision of NLRC. According to Part II, Section C, no. 6 of POEA “Standard Employment Contract Governing the Employment of All Filipino Seamen on Board Ocean-Going Vessels” No compensation shall be payable in respect of any injury, incapacity, disability or death resulting from a willful act on his own life by the seaman, provided, however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to him. In this case, the testimonies of the officers are insufficient to prove the fact that death of two seamen were caused by self-inflicted injuries and in fact Fajardo, one who did the same, did not submit any testimony regarding the implantation. No autopsy report was presented to corroborate their testimonies. Based on medical reports cause of death of Misada was due to viral infection, while Envidiado was due to viral myocarditis. Hence, petitioner’s evidence insufficiently proves the fact that the deaths of the two seamen were caused by their own wilful and deliberate act.

Acknowledgement: Barbie Pinos