Philippine Shipping Updates – Manning Industry [Download]
Prescriptive period for death benefits of missing seafarer is three years
By: Ruben Del Rosario, Managing Director, Del Rosario Pandiphil Inc., July 15, 2005
Seafarer was reported missing at sea on August 2, 1994. After his disappearance, the crew reported that his conduct was strange after they left Singapore. Seafarer was never found and his wife and children filed a claim for death benefits. The claim was filed on May 29, 2000 or some six years from his disappearance. The NLRC ruled that death benefits should be paid as under the Civil Code a missing person at sea is presumed dead only four years from his disappearance. The three year prescriptive period under the Labor Code should be counted after the four year period provided in the Civil Code. The Court of Appeals reversed the decision of the NLRC. The Court of Appeals ruled that the action has prescribed. The cause of action arose when the seafarer went missing. Under the Labor Code, the action for death benefits must be filed three years from that date of August 2, 1994. The Civil Code is not applicable as the four year period under the Civil Code is only for the purpose of settling the estate of a missing person. A money claim for death benefits under an employment contract is governed by the Labor Code which provides for a three year prescriptive period. The claim was dismissed by the Court of Appeals.
Korphil Shipmanagement vs. NLRC, et.al., CA-G.R.S.P. No. 78759, June 30, 2005 (Presiding Justice Brawner, First Division, Court of Appeals)
Drunkenness is ground for dismissal
The Third Officer of the MV Henry Oldendorff was dismissed for drunkenness. The Court of Appeals ruled that the Master’s Report and the written apology of the seafarer on his drunkenness is substantial evidence warranting dismissal. The Third Officer held sensitive duties and his action displayed an absence of discipline which posed a clear and existing danger to the safety of the vessel and the crew.
Marcelino Catanyag vs. German Marine Agencies, et. al., NLRC NCR CA No. 039359-04, NLRC NCR OFW-M_03-05-1276-00, March 31, 2005 (Comm. Gacutan, Second Division, NLRC)
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Del Rosario Pandiphil Inc. / Del Rosario & Del Rosario Office Address: 15th Floor, Pacific Star Building, Makati Avenue, 1200 Makati City, Philippines Telephone: 63 2 810 1791 * Fax: 63 2 817 1740/ 63 2 810 3632 24/7 Emergency Mobile: (63) (917) 830-8384; This email address is being protected from spambots. You need JavaScript enabled to view it.; www.delrosario-pandiphil.com