REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

City of Davao
Branch 5

Donnabella Pedrajas and Sean Jade Pedrajas,

Plaintiff,

- versus - Civil Case No. 123456

For: Settlement of Death Benefits

Wallem Maritime Services et al,

Defendant.

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PRE-TRIAL BRIEF

Wallem Maritime Services et al, by counsel, respectfully submits his

Pre-Trial Brief for compliance with this Honorable Court’s order on January
20, 2010, as follows:

I. THAT DEFENDANT IS WILLING TO ENTER INTO AN AMICABLE

SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT

1.1. Provided that plaintiff is open to settling this dispute amicably,

subject to a concrete proposal that is fair and reasonable from and a

reciprocal manifestation of openness from defendant,

1.2. Pursuant to Rules of Civil Procedure, plaintiff respectfully

submits that the desired terms of any amicable settlement would involve,

first, an admission of non-liability to death benefits due and owing to

plaintiff and, second, a schedule of payment.

II. BRIEF STATEMENT OF CLAIMS AND DEFENSES

2.1 Defendant Wallem Maritime Services employed Hernani Pedrajas,

the spouse and father of the Plaintiff, respectively, as Engine Boy on the

M/V Crown Jade deployed in Italy.

 2.2Hernani was found dead onboard; cause of death was allegedly by

hanging.

2.3 Due to the cause of death being suicide, Willem Maritime did not

pay death benefits in accordance with their POEA Standard

Employment Contract.

III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Defendant admits only those facts stated in their Answer such as

Defendant Wallem Maritime Services employed Hernani Pedrajas, the

spouse and father of the Plaintiff, respectively, as Engine Boy on the M/V

Crown Jade deployed in Italy.

3.2 Due to the cause of death being suicide, Willem Maritime did

not pay death benefits in accordance with their POEA Standard

Employment Contract.

IV. STATEMENT OF FACTUAL AND LEGAL ISSUE

4.1 Whether or not the Death Benefit to be accepted was not given

with legal basis.

The death of a seaman during the term of his employment makes the

employer liable to the former’s heirs for death compensation benefits. This

rule, however, is not absolute. The employer may be exempt from liability if

it can successfully prove that the seaman’s death was caused by an injury

directly attributable to his deliberate or willful act.

V. EVIDENCE
 5.1 An investigation conducted by Italian authorities concluded:

a. Cause of death was suicide by hanging

b. Hernani had been involved in a drug deal together with a Deck

Boy Joseph Harder

c. Evidence included

i. Authenticated copy of forensic report by Italian authorities

ii. Suicide notes; copies of which given to the families

but the originals remained in Italy.

d. No other injuries on the person of Hernani, and white paint from

the deck railing was found on his hands, which lends to the

conclusion that he tied the rope himself.

VI. RESORT TO DISCOVERY

6.1. Considering the relatively simple issues presented, plaintiff

does not intend to avail of discovery at this time;

6.2. Subject, however, to a concrete and reasonable request for

discovery from defendant, plaintiff reserves the right to resort to discovery

before trial.

VII. AVAILABLE TRIAL DATES

January 25, 2010, and February 8, 2010

RESPECTFULLY SUBMITTED.

Wenceslao de la Paz B, January 19, 2010 .

 THE FIRM LAW FIRM
Counsel for the Plaintiff
Wenceslao de LaPaz B, University of San Agustin
Davao City

By:

DONI JUNE V. ALMIO

IBP # 605482 1/8/14 Davao City
PTR # 0417576 1/8/14 City
ROA 30724
MCLE Compliance No. II 01-23455

Copy Furnished:
By Personal Service

Atty. Vanity Gail Trivelegio

Wenceslao de LaPaz A, University of San Agustin
Davao City