This case has been cited 5 times or more.
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2015-06-29 |
PERALTA, J. |
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| While the Court adheres to the principle of liberality in favor of the seafarer in construing the Standard Employment Contract, we cannot allow claims for compensation based on surmises. When the evidence presented negates compensability, we have no choice but to deny the claim, lest we cause injustice to the employer.[12] | |||||
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2015-01-21 |
PERALTA, J. |
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| In Southeastern Shipping v. Navarra, Jr.,[14] this Court declared that in order to avail of death benefits, the death of the employee should occur during the effectivity of the employment contract. 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.[15] In the present case, Ildefonso died after he pre-terminated the contract of employment. That alone would have sufficed for his heirs not to be entitled for death compensation benefits. | |||||
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2014-08-13 |
LEONEN, J. |
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| Article 291 covers claims for overtime pay,[43] holiday pay,[44] service incentive leave pay,[45] bonuses,[46] salary differentials,[47] and illegal deductions by an employer.[48] It also covers money claims arising from seafarer contracts.[49] | |||||
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2012-12-10 |
MENDOZA, J. |
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| The employment of seafarers, including claims for death benefits, is governed by the contracts they sign every time they are hired or rehired, as long as the stipulations therein are not contrary to law, morals, public order, or public policy, they have the force of law between the parties.[24] | |||||
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2010-09-15 |
DEL CASTILLO, J. |
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| In Southeastern Shipping v. Navarra, Jr.,[19] we ruled that "Article 291 is the law governing the prescription of money claims of seafarers, a class of overseas contract workers. This law prevails over Section 28 of the Standard Employment Contract for Seafarers which provides for claims to be brought only within one year from the date of the seafarer's return to the point of hire." We further declared that "for the guidance of all, Section 28 of the Standard Employment Contract for Seafarers, insofar as it limits the prescriptive period within which the seafarers may file their money claims, is hereby declared null and void. The applicable provision is Article 291 of the Labor Code, it being more favorable to the seafarers and more in accord with the State's declared policy to afford full protection to labor. The prescriptive period in the present case is thus three years from the time the cause of action accrues." | |||||