Spouses Ponciano Clemencia Aya-ay v ARPAPHIL Shipping corp.

GR No. 155359, January 31,2006, Carpio Morales, J:

FACTS:
Ponciano Aya -ay Jr. is a seaman engaged by Arpaphil Shipping
Corporation to work under an 11- month contract of employment for corespondent Magna Marine Inc. On board the vessel and while performing his
work, Aya-ay met an eye injury thereby requiring him to undergo a cornea
transplant. Upon mutual consent of Magna Marine and Aya-ay, he was
repatriated to Manila. While waiting for an eye donor, Aya-ay died. The death
certificate indicates that the immediate cause of his death is CerebroVascular Accident( CVA) commonly known as stroke.
Petitioners Ponciano Aya -ay Sr. and Clemencia Aya-ay, parents of Aya-ay,
now claims for death compensation benefits from Arpaphil and Magna
Marine, which the latter rejected.
Both the National Labor Relations Commission (NLRC)and the Court of
Appeals (CA) denied their claims. Hence, this appeal.
ISSUE:
Whether or not the heirs of Aya-ay are entitled to claim death benefits
under POEA Standard Employment Contract.
RULING:
No. Part II , Section C Nos. 1 and 3 of the POEA Standard Employment
Contract governing the employment of all Filipino Seamen on Board Ocean Going Vessels provides, among other things that compensation and benefits
may be availed of by the worker provided he/she dies during the term of the
contract or he/she has died as a result of injury or illness during the term of
the employment.
Upon mutual consent of Aya-ay, Arpaphil ang Magna Marine , he was
repatriated on July 5,1995 on account of his eye injury. Thus, his employment
had been effectively terminated on that particular date. At all events under
the October 15,1994 Contract of Employment, Aya-ay ceased to be an
employee on September 26,1995, hence, he was no longer an employee
when he died on December 1,1995.
The following substantial evidences needed to award the benefit are not
present: a) the sickness/ailment for which he died is an accepted
occupational disease, b) his working conditions increased the risk of
contracting the disease for which he died and c) the death of Aya-ay was
reasonably connected with his work. Hence, all elements are absent, death
compensation benefits cannot be awarded.