Case Digest: Mabuhay Shipping Services, Inc. v. NLRC, G.R. No. 94167, January 21, 1991

   Labor Law | Policy and Definitions

• Romulo Sentina, a 4th Engineer employed by Mabuhay Shipping Services, Inc. (MSSI) for Skippers Maritime Co., Ltd., was involved in a fight while drunk aboard the M/V Harmony I while it was docked in Piraeus, Greece.
• Sentina, visibly drunk, created a disturbance in the messhall, challenged others with an axe, and later got into a fight with an oiler named Emmanuel Ero.
• During the fight, Ero defended himself, injuring Sentina. 
• Sentina was taken to the hospital and later died on January 17, 1988. Ero was arrested and jailed in Piraeus.

WoN the death of Romulo Sentina, who provoked a fight in a state of intoxication and was killed in self-defense, is compensable under the employment contract. NO

Part II, Section C, No. 6 of the POEA Standard Format for Filipino seamen employed in ocean going vessels states that —

No compensation shall be payable in respect of any injury, incapacity, disability or death resulting from a deliberate or 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 the seamen.

The same provision of the standard format also provides —

In case of death of the seaman during the term of his contract, the employer shall pay his beneficiaries the amount of

x x x           x x x          x x x

b. P210,000.00 for other officers including radio operators and master electrician. (Memo Circular No. 5 effective March 1, 1986)

In interpreting the aforequoted provision in its decision, the POEA held that payment of death compensation benefits only requires that the seaman should die during the term of the contract and no other. It further held that the saving provision relied upon by petitioners refers only to suicide where the seaman deliberately and intentionally took his own life.5

Public respondent in affirming the said POEA decision made the following disquisition

It is not difficult for us to understand the intent of the aforequoted "Part II, Section C, No. 6 of the POEA Standard Format" that to avoid death compensation, two conditions must be met:

a) the subject death much have resulted "from a deliberate or willful act on his own life by the seaman;" and

b) such death "directly attributable to the seaman" must have been proven by the "employer."

Thus, even if arguendo, the appellants may successfully prove that the subject seaman's death resulted from the fight he himself created, such, nonetheless does not constitute a "deliberate or willful act on his own life." On this ground alone, the instant appeal would already fail.

The mere death of the seaman during the term of his employment does not automatically give rise to compensation. The circumstances which led to the death as well as the provisions of the contract, and the right and obligation of the employer and seaman must be taken into consideration, in consonance with the due process and equal protection clauses of the Constitution. There are limitations to the liability to pay death benefits.

When the death of the seaman resulted from a deliberate or willful act on his own life, and it is directly attributable to the seaman, such death is not compensable. No doubt a case of suicide is covered by this provision.

By the same token, when as in this case the seaman, in a state of intoxication, ran amuck, or committed an unlawful aggression against another, inflicting injury on the latter, so that in his own defense the latter fought back and in the process killed the seaman, the circumstances of the death of the seaman could be categorized as a deliberate and willful act on his own life directly attributable to him. First he challenged everyone to a fight with an axe. Thereafter, he returned to the messhall picked up and broke a cup and hurled it at an oiler Ero who suffered injury. Thus provoked, the oiler fought back The death of seaman Sentina is attributable to his unlawful aggression and thus is not compensable.

Even under Article 172 of the Labor Code, the compensation for workers covered by the Employees Compensation and State Insurance Fund are subject to the limitations on liability.

Art. 172. Limitations of liability. — The State Insurance Fund shall be liable for the compensation to the employee or his dependents except when the disability or death was occasioned by the employee's intoxication, willful intent to injure or kill himself or another, notorious negligence, or otherwise provided under this Title.

Private respondent pointed out that petitioner MSSI endorsed the claim for compensation of private respondents. Said petitioner admits this fact but asserts that it was not favorably acted upon by its principal, petitioner Skippers Maritime Co., Inc. because of the circumstances that led to the death of Sentina.

WHEREFORE, the petition is GRANTED. The questioned decision of the POEA dated July 11, 1989 and the resolutions of public respondent dated May 31, 1990 and June 29, 1990 affirming the same are hereby set aside and another judgment is hereby rendered dismissing the complaint.