Chapter 4:

SOCIAL WELFARE
LEGISLATION
Social Legislation - consists of statutes, regulations and
jurisprudence that afford protection to labor especially to
working women and minors, and is in full accord with the
constitutional provisions on the promotion of social justice
to insure the well-being and economic security of all the
people.
 SSS LAW
 R.A. 8282, repealed by R.A. 11199
approved on February 7, 2019 known
as “Social Security Act of 2018”
 COVERAGE AND EXCLUSIONS
A. COVERAGE

Compulsory Coverage – coverage shall be compulsory upon all employees, including kasambahays or
domestic workers not over sixty (60) years of age and their employers [Section 9 (a), RA 11199]
 
 Employer – Any person, natural or juridical, domestic or foreign, who carries into the Philippines
any trade, business, industry, undertaking or activity of any kind and uses the service the services
of another person who is under his orders as regards the employment, except the government and
any of its instrumentalities, including corporations owned or controlled by the government:
provided, that a self-employed person shall be both employee and employer at the same time  
 Employee – Any person who performs services for an employer in which either or both mental
and physical efforts are used and who receives compensation for such services, where there is an
employer-employee relationship: provided, that a self-employed person shall be both employee
and employer at the same time
Self-Employed Persons
Self-employed - is any person whose income is not derived from employment as well as those mentioned in Section 9-
A of the RA 11199, including:
 
1. All self-employed professional
2. Partners and single proprietors of business
3. Actors and actresses, directors, scriptwriters and news correspondents who do not fall within the definition of the
term employee
4. Professional athletes, coaches, trainers and jockeys
5. Individual farmers and fishermen

OFWs – compulsory upon all sea-based and land-based OFWs, provided that they are not over sixty (60) years of age

Sea-based OFWs – manning agencies are agents of their principals and are considered as employers of sea-based
OFWs

Land-based OFWs – compulsory members of the SSS and considered in the same manner as self-employed persons
under such rules and regulations that the Commission shall prescribe.
 Voluntary Coverage
 
1. Non-working spouses of SSS members

Spouses who devote full time to managing the household and family affairs, unless they are also engaged in other vocation or
employment which is subject to mandatory coverage, may be covered by the SSS on a voluntary basis.

2. OFWs
Upon the termination of their employment overseas, OFWs may continue to pay contributions on a voluntary basis to maintain their
rights to full benefits.

3.  Filipino permanent migrants, including Filipino immigrants, permanent residents and naturalized citizens of their host countries

Effective Date of Coverage

For employer – first day of operation
For employee – first day of employment
Self-employed – upon registration with SSS

**If separated from employment, the obligation to pay contribution shall cease at the end of the month of separation but he may continue
to pay the total contributions to maintain his right to full benefit.
 
**If the self-employed member realizes no income in any given month, he shall not be required to pay contributions for that month. He
may, however, be allowed to continue paying contributions under the same rules and regulations applicable to a separated employee
member.
 EXCLUSIONS
 
Excluded Employer: Government and any of its political subdivisions, branches or instrumentalities, including
corporations owned or controlled by the Government with original charters.
 
Excluded Employees:

1. Services where there is no employer-employee relationship in accordance with existing labor law, rules,
regulations and jurisprudence.
2. Service performed in the employ of the Philippine Government or instrumentality or agency thereof.
3. Service performed in the employ of a foreign government or international organization, or their wholly-
owned instrumentality. Provided, however, That this exemption notwithstanding, any foreign government,
international organization or their wholly- owned instrumentality employing workers in the Philippines or
employing Filipinos outside of the Philippines, may enter into an agreement with the Philippine Government for
the inclusion of such employees in the SSS except those already covered by their respective civil service
retirement systems: Provided further, That the terms of such agreement shall conform with the provisions of RA
11199 on coverage and amount of payment of contributions and benefits: Provided, finally, That the provisions
of this Act shall be supplementary to any such agreement.
4. Such other services performed by temporary and other employees which may be excluded by regulation
of the Commission. Employees of bona fide independent contractors shall not be deemed employees of the
employer engaging the service of said contractors.
 DEPENDENTS AND BENEFICIARIES

DEPENDENTS

1. The legal spouse entitled by law to receive support from the member
2. The legitimate, legitimated or legally adopted, and illegitimate child who is unmarried, not gainfully employed and has not reached
twenty-one (21) years of age, or if over twenty-one (21) years of age, he is congenitally or while still a minor has been permanently
incapacitated and incapable of self-support, physically or mentally.
3. The parent who is receiving regular support from the member.

BENEFICIARIES

Primary Beneficiaries
1. The dependent spouse until he or she remarries.
2. The dependent legitimate, legitimated or legally adopted, and illegitimate children. The dependent illegitimate children shall be
entitled to 50% of the share of the legitimate, legitimated or legally adopted children. However, in the absence of the dependent
legitimate, legitimated children of the member, his/her dependent illegitimate children shall be entitled to 100% of the benefits.

Secondary Beneficiaries
1. The dependent parents, in the absence of the primary beneficiaries.
2. Any other person designated by the member as her/his secondary beneficiary, in the absence of all the foregoing primary
beneficiaries and dependent parents
 BENEFITS
a. Social Security Benefits:
1. Sickness
2. Maternity Leave
3. Retirement
4. Unemployment Insurance or Involuntary Separation
5. Disability
6. Death
7. Funeral

b. Employees’ Compensation Benefits

 1. Sickness Benefit
Sickness Benefit – daily cash allowance paid for the number of days a member is unable to work due to sickness or
injury

 May be availed by a member who has paid at least three (3) monthly contributions in the 12-month period
immediately preceding the semester of sickness or injury and is confined therefor for more than three (3) days in
a hospital or elsewhere with the approval of the SSS, shall for each day of compensable confinement or a
fraction thereof, be paid by his employer, or the SSS, if such person is unemployed or self-employed, a daily
sickness benefit equivalent to ninety percent (90%) of his average daily salary credit, subject to the following
conditions:

1. In no case shall the daily sickness benefit be paid longer than one hundred twenty (120) days in one (1)
calendar year, nor shall any unused portion of one hundred twenty (120) days of sickness benefit granted under
this section be carried forward and added to the total number of compensable days allowable in the subsequent
year.
2. The daily sickness benefit shall not be paid for more than 240 days on account of the same confinement
3. The employee member shall notify his employer of the fact of his sickness or injury within five calendar
days after the start of his confinement in hospital or the employee became sick or was injured while working or
within the premises of the employer, in which case, notification to the employer is necessary.
 
Compensable confinement – shall begin on the first day of sickness, and the payment of
such allowance shall be promptly made by the employer every regular payday or on the
fifteenth and last day of each month, and similarly in the case of direct payment by the
SSS, for as long as such allowances are due and payable.

*Notification is necessary.

Claim of reimbursement – shall be adjudicated by the SSS within a period of two

months from receipt thereof.

2. MATERNITY LEAVE BENEFIT

RA 11210 – approved on February 20, 2019, otherwise known as the “105-day Expanded
Maternity Leave Law”
 3. RETIREMENT BENEFITS

Types:

1. Monthly pension – a lifetime cash benefit paid to a retiree who has paid at least 120 monthly
contributions to the SSS prior to the semester of retirement.
2. Lump sum amount – granted to a retiree who has not paid the required 120 monthly contributions
- equal to the total contributions paid by the member and by the employer including interest
 
Qualifications:

1. a member who has paid at least 120 monthly contributions prior to the semester of retirement and who
has reached the age of 60 years and is already separated from employment or has ceased to be self-
employed

2. a member who has paid at least 120 monthly contributions prior to the semester of retirement and who
has reached the age of 65 years and he shall be entitled as long as he lives to the monthly pension
*If not qualified of pension benefits, he shall be entitled to lump sum benefit.

*The monthly pension shall be suspended upon the reemployment or resumption of self-employment
of a retired member who is less than 65 years old.

*Upon death of the retired member, his primary beneficiaries as of the date of his retirement shall be
entitled to receive the monthly pension.
 
After reaching 60
*The monthly pension of a member who retires after reaching 60 years old shall be the higher of
either:

1. the monthly pension computed at the earliest time he could have retired had he been separated
from employment or ceased to be self-employed plus all adjustment thereto
2. the monthly pension computed at the time when he actually retires.
 Monthly Pension
 
It shall be the highest of the following:
1. The sum of P300 plus 20% of the average monthly salary credit plus 2% of the average monthly
salary credit for each credited year of service (CYS) in excess of 10 years
2. 40% of the average monthly salary credit
3. P1,000 if the member had less than 10 credited years of service (CYS); P1,200 if with at least 10
CYS; or P2400 if with at least 20 CYS. The monthly pension is paid for not less than 60
months
  Average monthly salary credit – The result obtained by dividing the sum of the last sixty (60)
monthly salary credits immediately preceding the semester of contingency by sixty (60), or the
result obtained by dividing the sum of all the monthly salary credits paid prior to the semester
of contingency by the number of monthly contributions paid in the same period, whichever is
greater. Provided, That the injury or sickness which caused the disability shall be deemed as the
permanent disability for the purpose of computing the average monthly salary credit.
 4. UNEMPLOYMENT INSURANCE OR
INVOLUNTARY SEPARATION BENEFITS

 RA 11199 grants this benefit to a member who is not over sixty (60) years of age who
has paid at least 36 months contributions, twelve (12) months of which should be in the
18-month period immediately preceding the involuntary unemployment or separation.
 5. DISABILITY BENEFITS

PERMANENT TOTAL DISABILITY BENEFITS

 
*Upon the permanent total disability of a member who has paid at least 36 monthly contributions prior to the
semester of disability, he shall be entitled to the monthly pension and if he has not paid up the required 36
monthly contributions, he shall be entitled to a lump sum benefit.
 
*A member who has received a lump sum benefit and reemployed or has resumed self-employment not earlier than
one year from the date of his disability shall again be subject to compulsory coverage and shall be considered a
new member.
 
*Upon death of the total disability pensioner, his primary beneficiaries as of the date of disability shall be entitled to
receive the monthly pension. Provided, that if he has no primary beneficiaries and he dies within 60 months from
the start of his monthly pension, his secondary beneficiaries shall be entitled to a lump sum benefit which is
equivalent to the total monthly pensions corresponding to the balance of the five-year guaranteed period
excluding the dependent’ pension.
 
The following disabilities shall be deemed total:
 
1. Complete loss of sight of both eyes
2. Loss of two limbs at or above the ankle or wrists
3. Permanent complete paralysis of two limbs
4. Brain injury resulting to incurable imbecility or insanity
5. Such case as determined and approved by the SSS

*Should a member who is on partial disability person retire or die, his disability pension shall
cease upon his retirement or death.
 6. DEATH BENEFITS
Death Benefit – is a cash benefit either in monthly pension or lump sum paid to the beneficiaries of a
deceased member.
 
Types
1. Monthly pension – granted to only to the primary beneficiaries of a deceased member who has paid 36
monthly contributions before the semester of death.
2. Lump sum amount – amount granted to the primary beneficiaries of a deceased member who has paid
less than 36 monthly contributions before the semester of death. The secondary beneficiaries shall be
entitled to lump sum benefit.
 
*The monthly pension depends on the member’s paid contributions, including the credited years of
service (CYS) and the number of dependent minor children but not to exceed five.
*The deceased member’s beneficiaries are entitled to 13 th month pension payable every December and
the funeral benefit, which is paid to whoever, shouldered the funeral expense of the deceased member.
 7. FUNERAL BENEFIT

 A funeral grant equivalent to P12,000 shall be paid, in cash or in kind, to help defray
the cost of funeral expenses upon the death of a member, including permanently totally
disabled member or retiree.
 GSIS LAW
RA No. 8291 – The Government Service Insurance System Act of 1997

  Compulsory Membership
 
1. All government personnel, whether elective or appointive, irrespective of status of appointment, provided they are receiving fixed monthly
compensation and have not reached the mandatory retirement age of 65 years, are compulsorily covered as members of the GSIS and shall be
required to pay contributions.
 
2. However, employees who have reached the retirement age of 65 or more shall also be covered, subject to the following rules:
 
An employee who is already beyond the mandatory requirement age of 65 shall be compulsorily covered, and be required to pay both a life
and retirement premiums under the following situations:
 
a. An elective official who at the time of election to public office is below 65 years of age and will be 65 years or more at the end of his term of office,
including the period/s of his re-election to public office thereafter without interruption.
 
b. Appointive officials who, before reaching the mandatory age of 65, are appointed to government position by the President and shall remain in
government service at age beyond 65.
 
c. Contractual employees including casuals and other employees with an employee-government agency relationship are also compulsorily covered,
provided they are receiving fixed monthly compensation and rendering the required number of working hours for the month.
 Classes of Membership
As to type:
1. Regular Members – those employed by the government of the Republic of the Philippines, national or local,
legislative bodies, GOCCs with original charters, government financial institutions, except uniformed personnel
of the AFP, PNP, BJMP and BFP, who are required by law to remit regular monthly contributions to the GSIS
 
2. Special Members – constitutional commissioners, members of the judiciary, including those with equivalent ranks,
who are required by law to remit regularly monthly contributions for life insurance policies to the GSIS in order
to answer for their life insurance benefits defined under RA 8291.
 
As to status:
1. Active member – a member, whether regular or special, who is still in the government service and together with
the government agency to which he belongs, is required to pay the monthly contribution

2. Inactive member – a member who is separated from the service either by resignation, retirement, dismissal from
the service, retrenchment, or who is deemed retired from the service under the GSIS Law
 
 EXCLUSIONS
The following are excluded from compulsory coverage:
 
a. Uniformed personnel of the AFP, PNP, BFP and BJMP
b. Barangay Sanggunian Officials who are not receiving fixed monthly compensation
c. Contractual Employees who are not receiving fixed monthly compensation
d. Employees who do not have monthly regular hours of work and are not receiving
fixed monthly compensation.
 DEPENDENTS AND BENEFICIARIES

Dependents:
1. The legitimate spouse dependent for support upon the member or pensioner.
2. The legitimate, legitimated, legally adopted child, including illegitimate child, who is
unmarried, not gainfully employed, not over the age of majority, or is over the age of majority
but incapacitated and incapable of self-support due to a mental or physical defect acquired
prior to the age of majority.
3. The parents dependent upon the member for support.
 
Gainful Occupation – Any productive activity that provided the member with income at least
equal to the minimum compensation of government employees
 BENEFICIARIES

1. Primary beneficiaries – The legal dependent spouse until he/she remarries and
the dependent children
2. Secondary beneficiaries – The dependent parents and subject to the restrictions
on dependent children, the legitimate descendants
 BENEFITS

1. Compulsory Life Insurance

a. Life Endowment Policy
b. Enhanced Life Policy
2. Retirement
3. Separation
4. Unemployment
5. Disability
6. Survivorship
7.Funeral
 1. a. Life Endowment Policy
* A member under this policy may be entitled to any of the following benefits, depending on the
circumstances:
a. Maturity benefits which is the face amount payable to the member upon maturity of the policy.
b. Cash Surrender Value, which is earned values during the term of the insurance payable to the member when
he is separated from the service before maturity date of the policy or when he is considered as a case of
PTD.
c. Death Benefit, which is the face value of the policy payable to designated beneficiary/ies or legal heirs, in
the absence of the former , upon the death of a member.
d. Accidental Death Benefit (ADB) is an additional benefit equivalent to the amount of Death Benefit when the
member dies by accident. In this connection, proof must be presented to sufficiently establish that the
cause of the member’s death is accidental.
e. The right to present sufficient proof to show that death was accidental shall prescribe if the claim for ADB is
filed four years after the death of a member.
f. Cash dividend. A policy holder is entitled to dividends subject to the guidelines as approved by the GSIS
Board. This is not a guaranteed benefit.
 1. b. Enhanced Life Policy
*A member under this policy may be entitled to any of the following benefits, depending on the circumstances:

1. Death Benefit equivalent to the latest annual salary multiplied b amount of insurance (AOI) factor which is 1.5 or 18 times the
current monthly salary of the member or as determined by the GSIS, payable to the legal heirs, less all outstanding
obligations of the member in accordance with the Claims and Loans Interdependency Policy (CLIP)
2. Termination Value. The policy earns a Termination Value during the life of the policy computed from the percentage of life
insurance premiums actually remitted and paid to GSIS.
 
Termination value is equivalent to a percentage of monthly life insurance premiums as determined by the GSIS, due and paid in
full, either by direct remittance or through an APL facility.

The accumulated termination value will grow at a such rate as determined by the Actuary.
 
The termination value shall be paid to the member upon his separation from the government service less all indebtedness of the
member with the GSIS in accordance with Claims and Loans Interdependency Policy (CLIP)
 
3. Cash Dividend. A policyholder is entitled to dividends, subject to the guidelines as approved by the GSIS Board. This is not a
guaranteed benefit.
 
 
 2. Retirement Benefit
*The retirement benefit consists of a monthly pension which is computed based on years of creditable service and Average
Monthly Compensation (AMC) for the last 3 years.
 
Eligibility:
The member:
1. has rendered at least fifteen (15) years of service;
2. is at least sixty (60) years of age; and
3. is not receiving a monthly pension benefit from permanent total disability.
 
Options:
 
1. Five year lump sum equivalent to sixty months of the basic monthly pension (BMP), subject to qualification requirements,
less all outstanding obligations of the member in accordance with CLIP, plus an old-age pension benefit equal to the BMP
payable for life, starting on the first day of the month following the expiration of the five year guaranteed period.
2. A cash payment benefit equivalent to eighteen (18) times of the BMP, subject to qualification requirements, less all
outstanding obligations of the member in accordance with CLIP, plus monthly pension for life payable on the first month
following the date of retirement.
 PROCESSING OF RETIREMENT BENEFITS OF MEMBERS
WHO DIED WHILE THEIR CLAIMS ARE BEING PROCESSED

1. If the deceased member opted for five year lump sum benefit as indicated in his/her claim for retirement
application, his legal heirs shall be entitled to five-year lump sum benefit equivalent to sixty months
basic monthly pension (BMP). However, the survivorship pension to qualified primary beneficiaries, if
any, shall be granted after the end of the 5-year guaranteed period, but filing of claim for survivorship
benefit should be done before the end of the 4-year prescription period.
 
2. If the deceased member opted for immediate pension as indicated in his/her claim for retirement benefit
his legal heirs shall be entitled to retirement benefits equivalent to 18 months of BMP, plus accrued
pension, if any, up to the date of death of the retiree. The corresponding survivorship pension shall be
paid to the qualified primary beneficiaries, if any, and shall be computed from the date of death of the
retiree, subject to filing of claim.
 
3. In case the deceased member failed to indicate in his/her retirement option, it shall be computed as if
he/she opted for immediate pension.
 
4. The proceeds of retirement benefits shall be paid and distributed to the legal heirs in accordance with
the law on succession under the Civil Code of the Philippines.
  EFFECTS OF REEMPLOYMENT

*When a retire/separated member is reemployed or reinstated in the service, his/her previous services credited at the time of his/her
retirement/separation for which a corresponding benefit had been awarded, shall be excluded in the computation of service. In effect, he/she
shall be considered a new entrant.

BASIS OF COMPUTATION OF TOTAL SERVICE

Total Length of Service(TLS) – is the number of years in government service regardless of status of employment, with or without premium
contributions.
 
For purposes of computing the total length of service under part-time status of employment, services shall be converted to their full-time
equivalent using forty-hour week and fifty two-week a year as basis.
 
*The computation of creditable service for the purpose of determining the amount of benefits payable shall include the period or periods of
service with the required premium contributions.
 
*The Average Monthly Compensation shall be computed on the basis of the average salary of the member for the last 36 months of
creditable service immediately preceding his retirement or separation
 
*The computation for Revalued Monthly Compensation is AMC plus Seven Hundred Pesos (P700.00).
 
*The Basic Monthly Pension shall be computed on the basis of a percentage of the RAMC at the rate of 2.5% for every year of creditable
service, but in no case shall it exceed 90% of the AMC of the member. The formula for computing BMP shall be: BMP = RAMC x (2.5% x
RCS).
 POLICIES AFFECTING PENSION ADMINISTRATION

1. Regardless of the date of retirement, the monthly pension shall commence on the first day of
the month following the month of retirement.
 
2. Annual Renewal of Active Status (ARAS) of Old Age and Survivorship Pensioners is required
on their birth month every year.
 
3. Effects of non-renewal of active status as pensioner:
 
a. Suspension of payment of monthly pension.
b. Non-entitlement to cash gift if status is suspended at the time of declaration.
c. Non-entitlement to pension increases if status is suspended at the time of declaration.
 3. SEPARATION BENEFIT
 
1. For those members who are separated from service and who have at least 3 years of service but
less than 15 years shall be entitled to cash payment equivalent to 100% of the member’s AMC for
each year of creditable service, but not less than P12,000.00, payable upon reaching age 60, or upon
his separation if he is already 60 years of age at the time of separation.
 
2. A cash payment equivalent to 18 times the basic monthly pension payable at the time of
resignation or separation, provided the member reigns or separates from the service after he has
rendered at least 15 years of service and is below 60 years of age, plus an old-age pension benefit
equal to the basic monthly pension payable monthly for life upon reaching the age of 60.
 
3. Reckoning Date of Separation of Uniformed PNP, BJMP and BFP Personnel shall be February 1,
1996. The computation of benefit shall be based on their basic monthly salary (premium-based)
when they ceased to be members of the GSIS.
4. Processing of separation benefit of members who died while their claims are being processed:
 
a. If the member dies during the pendency of his claim for separation benefit and he has rendered
at least fifteen years of creditable service, his legal heirs shall be entitled to receive cash payment
equivalent to 18 times the basic monthly salary, plus accrued BMP, if any, up to the date of death
of the member. Thereafter, the primary beneficiaries shall be entitled to survivorship.
 
b. If the member dies during the pendency of his claim for separation benefit and he has rendered
less than 15 years of creditable service, his legal heirs shall be entitled to cash payment equivalent
to one hundred percent (100%) AMC for each year of creditable service, but not less than
P12,000.00.
 4. UNEMPLOYMENT BENEFIT
The amount is equivalent to 50% of the AMC and shall be paid.
 
A member shall be entitled to the unemployment benefits if the following conditions are met:
 
1. He/she was a permanent employee at time of separation
2. His/her separation was involuntary due to the abolition of his/her office or position resulting
from reorganization
3. He/she has been paying the required premium contributions for at least one year but less than
15 years prior to separation.
5. DISABILITY BENEFITS
Disability – refers to any loss or impairment of the normal functions of the physical and/or
mental faculties of a member, which permanently or temporarily prevents him to continue
with his work or engage in any other gainful occupation resulting in the loss of income.

Kinds of Disability:
1. Permanent Total Disability (PTD) – disability to injury or disease causing complete,
irreversible and permanent incapacity that will permanently disable a member to work or to
engage in any gainful occupation resulting to loss of income
a. Complete loss of sight for both eyes
b. Loss of two limbs at or above the ankle or wrists
c. Permanent complete paralysis of two limbs
d. Brain injury resulting in incurable imbecility or insanity
e. Such other cases as may be determined and approved by the GSIS
2. Permanent Partial Disability (PPD) – arises due to the complete and permanent loss of the use of any of the following
resulting to the disability to work for a limited period of time:
a. Any finger
b. Any toe
c. One arm
d. One hand
e. One foot
f. One leg
g. One or both ears
h. Hearing of one or both ears
i. Sight of one eye
j. Such other cases as may be determined and approved by the GSIS

3. Temporary Total Disability (TTD) – accrues or arises when impaired physical and/or mental faculties can be
rehabilitated and/or restored to their normal functions, but such disability shall result in temporary incapacity to work or to
engage in any gainful occupation

*Any disability or injury as a result of, or due to grave misconduct, participation in riots, gross and inexcusable negligence,
under the influence of drugs or alcohol or wilful intention to injure or kill himself or another, shall not be compensable.
Actual loss of income – shall refer to the number of days when a member went on leave of
absence without pay reckoned immediately from the date of commencement of disability and for
the duration of entitlement thereto, based on medical evaluation.
All injuries, disabilities, illnesses and all other infirmities compensable under PD 626 shall not be
compensable under RA 8291.

Suspension of Benefit

Any applicable disability benefit shall be suspended when he/she:

a. is re-employed
b. recovers from his/her disability as determined by the GSIS, whose decision shall be final and
binding
c. fails to present himself for medical examination when required by GSIS
d. is receiving any other pension either from GSIS or another local or foreign institution or
organization
 COMPUTATIONS OF BENEFIT
1. PTD – entitled to monthly income benefits for life equivalent to the basic monthly pension
(BMP) effective from the date of disability.

2. PPD – the amount shall be computed by dividing the BMP by 30 days and multiplying the
quotient by the number of compensable calendar days of leave of absence without pay.

3. TTD – entitlement shall start from the fourth day of disability and the amount shall be
computed by multiplying 75% of the daily salary of the member by the number of days of
disability based on the medical evaluation but not to exceed 240 days for the same contingency.
 CONDITIONS FOR ENTITLEMENT
PTD/PPD/TTD:

a. he/she is in the service at the time of disability

b. if separated from the service, he has paid at least thirty six months contributions within
the five year (5) period immediately preceding his/her disability; or has paid a total of at least one
hundred eighty months contributions prior to his/her disability.

Provided, however, that the following conditions shall be met:

 he/she is gainfully employed prior to the commencement of disability resulting in loss of

income as evidenced by any incontrovertible proof thereof
He/she is not a registered member of any social insurance institution
He/she is not receiving any other pension either from GSIS or another local or foreign
institution or organization
 FORFEITURE OF DISABILITY BENEFITS
 Any member who is enjoying disability benefits shall automatically forfeit his/her right to
the continued enjoyment thereof if he/she refuses or deliberately fails to:
a. Have himself/herself medically treated by a physician when required by the GSIS
b. take the prescribed medications
c. Have himself/herself confined in a hospital without justifiable reason, when such confinement
is required by the GSIS
d. Avail himself/herself of such rehabilitation facilities as may be duly recommended by the
GSIS and made available for him/her
e. Observe such precautionary and/or preventive measures as prescribed by a physician or
expressly required of him/her to prevent the aggravation or continuance of his/her disability
 6. SURVIVORSHIP BENEFITS
Whichever is applicable:

1. Survivorship pension consisting of:

a. The basic survivorship pension which is fifty percent (50%) of the BMP; and
b. The dependent children’s pension equivalent to 10% of the BMP for each child but not to
exceed fifty percent (50%) of the BMP

2. Cash payment equivalent to 18 months BMP

3. Cash payment equivalent to 100% of the AMC for every year of service with paid
contributions but not less than P12,000.00)
 SURVIVORSHIP BENEFITS OF MEMBER IN
ACTIVE SERVICE
1. If at the time of death, a member was in the service and has rendered at least fifteen (15) years of
creditable service:
a. his primary beneficiaries shall receive the survivorship pension and cash payment equivalent
to 18 x the BMP
b. in the absence of primary beneficiaries, his secondary beneficiaries shall receive the cash
payment equivalent to 18 x the BMP
c. in the absence of secondary beneficiaries, the legal heirs shall receive the cash payment
equivalent to 18 x the BMP

2. If at the time of death, the member was in the service with less than fifteen (15) years of
creditable service; his primary beneficiaries shall receive the cash payment equivalent to 100% of
the AMC for every year of creditable service.
 SURVIVORSHIP BENEFITS OF
INACTIVE MEMBERS
*Primary beneficiaries of inactive members who have at least 15 years of creditable service shall
receive the survivorship pension only.
1. Primary beneficiaries of inactive members who have at least 3 years but less than 15 years of
creditable service and were less than 60 years old at the time of death shall receive the cash
payment equivalent to 100% of the AMC for every year of creditable service, but not less than
P12,000.00
2. Primary beneficiaries of inactive members who have less than 15 years of creditable service but
were at least 60 years old at the time of separation and have received the corresponding
separation benefit, shall not be entitled to survivorship benefits. However, if the member ahs not
received yet his separation benefits within four years after his/her separation, the primary
beneficiaries shall receive the cash benefit equivalent to 100% of the inactive member’s AMC for
every year of creditable service, but not less than P12,000.00
 CONDITIONS FOR ENTITLEMENT
 The primary and secondary beneficiaries, except dependent children, shall be entitled to
applicable survivorship benefits, subject to the following:
a. not engaged in any gainful occupation
b. The surviving spouse and the deceased member were living together as husband and wife
c. Not gainfully engaged in business or economic activity (self-employed)
d. employed/engaged in a business or economic activity but receiving income has less than the
minimum compensation of government employees
e. Not receiving any other pension from the GSIS or another local or foreign institution or
organization
f. In the case of the dependent spouse, payment of the basic survivorship pension shall
discontinue when he remarries, cohabits or engages in common-law relationship.
 7. FUNERAL BENEFITS
*This is intended to help defray the expenses incident to the burial and funeral of the deceased
member, pensioner or retiree under RA 660, RA 1616, PD 1146 and RA 8291.

It is payable to any qualified individual, in accordance with the following order of priority:
1. Legitimate spouse
2. Legitimate child who spent for the funeral services
3. Any other person who can show incontrovertible proof that he shouldered the funeral expenses of the
deceased.

The amount of funeral benefit are as follows:

1. The prevailing amount approved by the Board of Trustees at the time of death of the member or
pensioner
2. For uniformed members of the PNP, BJMP and BFP, the amount of funeral benefit is fixed at
P10,000.00
CONDITIONS FOR ENTITLEMENT
Funeral benefit shall be paid upon the death of:
1. An active member
2. A member who has been separated from the service with more than 15 years of creditable
service, but entitled to future separation or retirement benefits
3. Old age or disability pensioner
4. A retiree who at the time of his retirement is at least 60 years of age and with at least 20 years
of creditable service but who opts to retire under RA 1616 on or after June 24, 1997
5. A member who retired under RA 1616 prior to June 24, 1997 with at least twenty (20) years
of service, regardless of age
 LIMITED PORTABILITY LAW
RA No. 7699 – enacted to enable those from private sector who transfer to the government service
or from the government sector to the private sector to combine their years of service and
contribution which have been credited with the SSS or GSIS, as the case may be, to satisfy the
required number of years of service for entitlement to the benefits under the applicable laws.
-applies to all worker-members of the GSIS and/or SSS who transfer from the public sector to the
private sector or vice-versa, or who wish to retain their membership in both Systems.

Totalization – refers to the process of adding up the periods of creditable services or contributions
under each of the Systems, SSS and GSIS, for the purpose of eligibility and computation of benefits
Portability – refers to the transfer of funds for the account and benefit of a worker who transfers
from one system to the other.
 C. DISABILITY AND DEATH BENEFITS
1. LABOR CODE
 
A. EMPLOYEES’ COMPENSATION PROGRAM (ECP)
 
THE STATE INSURANCE FUND (SIF)
 
a. SIF created from contributions of employers
The SIF is built by the contributions of employers based on the salaries of their employees as provided under the Labor Code.
 
b. Two SIFs
1. SSS for private sector employees
2. GSIS for public sector employees
 
c. 3 agencies involved in the implementation of ECP
1. Employees’ Compensation Commission – mandated to initiate, rationalize and coordinate policies of the ECP and to review
appealed cases from GSIS and SSS
2. Government Service Insurance System (GSIS)
3. Social Security System (SSS)
 
 SCOPE AND COVERAGE OF THE ECP
 
A. GENERAL COVERAGE
 
1. All employees
2. Every employee not over sixty (60) years old
3. An employee over 60 years old who had been paying contributions to the GSIS/SSS prior to age 60 and has not been compulsorily
retired
4. Any employee who is coverable by both the GSIS and SSS and should be compulsorily covered by both Systems
 
B. SECTORS OF EMPLOYEES COVERED UNDER THE ECP

1. All public sector employees including those of GOCCs and LGUs covered by the GSIS
2. All private sector employees covered by the SSS
3. OFWs, namely:
a. Filipino seafarers compulsorily covered under the SSS
b. Land-based contract workers provided that their employer, natural or juridical, is engaged in any trade, industry or business
undertaking in the Philippines; otherwise, they shall not be covered by the ECP

**The coverage under the ECP of employees in the private and public sector starts on the first day of their employment
 
*** The nature of the coverage is compulsory in nature.
B. EMPLOYEES’ COMPENSATION BENEFITS

KINDS OF BENEFITS:

1. Medical Benefits
2. Rehabilitation Services
3. Disability Benefits
a. Temporary Total Disability (TTD)
b. Permanent Total Disability (PTD)
c. Permanent Partial Disability (PPD)
4. Death Benefit
5. Funeral Benefit
 1. MEDICAL BENEFITS
 Conditions for Entitlement to Medical Services, Appliances and Supplies

1. he has been duly reported to the System (GSIS/SSS)

2. he sustain an injury or contracts sickness
3. the System has been duly notified of the injury or sickness
 
Period of Entitlement: From the first day of injury or sickness, during the subsequent period of his disability, and as
the progress of his recovery may require.
 
 
Extent: The employee is entitled to the benefits only for the ward services of an accredited hospital and accredited
physician. However. If the employee chooses accommodation better than ward services, the excess of the total
amount of expenses incurred over the benefits provided under Annex “C” of the Amended Rules on Employees’
Compensation shall be borne by the employee.
 
**Article 191 [185] does not impose as a pre-requisite for the grant of medical benefits, that the injured or sick
employee should show proof that he suffered loss of wages or earning capacity as a result of such injury or sickness.
 2. REHABILITATION SERVICES
Person with Work-Related Disability (PWRD) – means a worker who has suffered from work-connected disease or
injury adversely affecting the earning capacity.
 
Rehabilitation - the process by which there is provided a balanced program of remedial treatment, vocational
assessment and preparation designed to meet the individual needs of each handicapped employee to restore him to
suitable employment and to help each PWRD to develop his/her mental, vocational and social potential.
 
Rehabilitation Facility - an organized service offering one or more types of service for the rehabilitation of a person
with disability.
  
**Coverage under this benefit shall be voluntary. Entitlement to rehabilitation services shall be upon approval
of the EC claim for disability benefits by the Systems.
  
**Rehabilitation services shall be provided during the period of the disability as the nature and progress of the
recovery of the PWRDs may require as determined by the rehabilitation experts. It shall be suspended or terminated
upon refusal of the PWRD to continue rehabilitation.
Extent of Rehabilitation Services

a. Medical-surgical management
b. Hospitalization
c. Necessary appliances and supplies
d. Physical restoration
e. Psychological counseling
f. Psychiatric evaluation
g. Skills training
h. Entrepreneurship training
i. Hearing impairment rehabilitation
j. Visual impairment rehabilitation
 
Limitation of Liability

The System shall not be responsible for the payment of rehabilitation services when the injury, sickness, disability
or death during the rehabilitation period of PWRD is occasioned by any of the following:
1. Intoxication
2. willful intent to injure oneself or another
3. notorious negligence
 3. DISABILITY BENEFITS
 Disability - means the loss or damage of a physical or mental functions resulting from an
injury or sickness that prevents an employee from performing his/her work, or from being
engaged in any gainful occupation. In general, as a basis for compensation, it is the
combination of partial or total physical incapacity and of inability of work, or inability to
work with the same ease and competency as prior to the injury, or the loss, total or partial, of
earning power from the injury.
 
3 kinds of disability
a. Temporary total disability
b. Permanent total disability
c. Permanent partial disability
 
3.A. Temporary Total Disability (TTD)
A total disability is temporary if, as a result of the injury or sickness, the employee is unable to perform
any gainful occupation for a continuous period of not exceeding 120 days, except when such disability still
requires medical attendance beyond 120 days, but not to exceed 240 days.

Conditions to Entitlement:
1. he has been duly reported to the System
2. he sustains the TTD as a result of the injury or sickness
3. the System has been duly notified of the injury or sickness which caused his disability.

**The income benefit in any case of TTD should be paid beginning on the first day of such disability.   

**Any employee entitled to benefit for TTD shall be paid an income benefit equivalent to 90% of his
average daily salary credit, subject to the condition that the daily income benefit shall not be less than
P10.00 or more than P200.00 nor paid longer than 120 days for the same disability, unless the injury or
sickness requires more extensive treatment that lasts beyond 120 days, but not to exceed 240 days from
onset of the disability, in which case, he shall be paid benefit for TTD during the extended period.
 3.B. PERMANENT TOTAL DISABILITY (PTD)
A disability is total and permanent if, as a result of injury or sickness, the employee is unable to perform any gainful
occupation for a continuous period of 120 days.

**The test to determine its gravity is the impairment or loss of one’s capacity to earn and not its mere medical significance.
 
CONDITIONS TO ENTITLEMENT:
1. he has been duly reported to the System (GSIS/SSS)
2. he sustain the permanent total disability as a result of the injury or sickness
3. the System has been duly notified of the injury or sickness which cause disability
 
TOTAL DISABILITIES DEEMED PERMANENT:
1. Temporary total disability lasting continuously for more than 120 days, except as otherwise provided for temporary total
disability.
2. Complete loss of sight of both eyes
3. Loss of two limbs or above the ankle or wrist
4. Permanent complete paralysis of two limbs
5. Brain injury resulting in incurable imbecility and insanity
6. Such cases as determined by the System and approved by the Commission
 
**The full monthly income benefit shall be paid for all compensable months of disability.
3.C. PERMANENT PARTIAL DISABILITY (PPD)

A disability is partial and permanent if, as a result of the injury or sickness, the employee suffers a permanent
partial loss of the use of any part of his body.
 
CONDITIONS TO ENTITLEMENT:
1. he has been duly reported to the System (GSIS/SSS)
2. he sustain the permanent partial disability as a result of the injury or sickness
3. the System has been duly notified of the injury or sickness which caused his disability
 
**His employer shall be liable for the benefit if such injury or sickness occurred before the employee is duly
reported for coverage to the System.
 
**A covered employee shall continue to receive the benefits provided thereunder even if he is gainfully employed
and receiving his wage or salary.
**The income benefit shall be paid beginning on the first month of such disability, but no longer than the
designated number of months in accordance with the schedule found in Article 199(b) [193(b)] of the Labor Code.
**In case of injuries or illnesses not listed in the schedule in Article 199 (b) [193b)] and the Amended Rules, the
benefit shall be an income benefit equivalent to the percentage of the permanent loss of the capacity to work.
 LITMUS TEST
(DISTINCTION BETWEEN PTD AND PPD)
Vicente vs. ECC [G.R. 85034, January 23, 1991]

“While PTD invariably results in an employee’s loss of work or inability to perform his usual work,
PPD, on the other hand, occurs when an employee loses the use of any particular anatomical part of his
body which disables him to continue with his former work. Stated otherwise, the test of whether of not
an employee suffers from PTD is a showing of the capacity of the employee to continue performing his
work notwithstanding the disability he incurred. Thus, if by reason of the injury or sickness he sustained,
the employee is unable to perform his customary job for more than 120 days and he does not come
within the coverage of Rule X of the Amended Rules on Employees Compensability (which, in a more
detailed manner, describes what constitutes temporary total disability), then the said employee
undoubtedly suffers from PTD regardless of whether or not he loses the use of any part of his body.”
 4. DEATH BENEFIT
death - means loss of life resulting from an injury or sickness.
Compensable death - refers to death which is the result of a work-related injury or sickness.
 
CONDITION TO ENTITLEMENT:
1. The employee has been duly reported to the System
2. he died as a result of an injury or sickness
3. The System has been duly notified of his death as well as the injury or sickness which caused his death. His employer shall be liable for the
benefit if such death occurred before the employee is duly reported for coverage to the System.
 
PERIOD OF ENTITLEMENT:
A. FOR PRIMARY BENEFICIARIES
a. the income benefit shall be paid beginning at the month of death and shall continue to be paid for as long as the beneficiaries are
entitled thereto. With respect to the surviving legitimate spouse, the qualification is that he/she has not remarried. For the dependent children, the
qualifications are:
1. Unmarried
2. Not gainfully employed
3. Over 21 years of age provided he/she is incapable of self-support due to a physical or mental defect which is congenital or acquired
during minority.
b. the monthly income benefit shall be guaranteed for five years which in no case shall be less than P15,000.00.

B. FOR SECONDARY BENEFICIARIES

a. The income benefit shall be sixty times the monthly income benefit of a primary beneficiary which in no case be less than P15,000.00 which
shall likewise be paid in monthly pensions.
Qualified wives and children beneficiaries of Muslims:
 
1. the basic monthly pension shall be divided equally among the surviving wives
2. Upon the death or remarriage of any of the wives, her basic monthly pension shall be
equally re-distributed to the remaining wives
3. The qualified dependent children not exceeding five beginning with the youngest and
without substitution, who are entitled to dependent’s pension, shall be counted from among the
collective number of children of the wives of the Muslim and not counted from the children of
each wife of the Muslim.
 
**Upon the death of a pensioner as mentioned in said paragraph (b) of Article 200 [194], 80%
of the monthly income benefit and the dependent’s pension shall be paid to the primary beneficiaries
in cases where the cause of death is a complication or natural consequence of his compensated PTD.

**The death benefits paid under the law are not part of the deceased’s estate. They are not in the
nature of inheritance. They are granted by operation of law as financial compensation and aid for the
death of the employee.
 PRESUMPTIVE DEATH

Paragraph 5 of Board Resolution No. 93-08-0068 [August 5, 1993]

 
5. “Guidelines on the Grant of EC Benefits for the Beneficiaries of Missing Persons while in the Performance of Duty during Calamity
or Fatal Events.
 
5.1. Coverage. These guidelines shall apply to all covered workers or employees’ and uniformed personnel who had been reported
missing while they were in the performance of their duties during calamities or fatal events, such as, but not limited to, police or military
operation, earthquake, typhoon, and volcanic eruption.
 
5.2. Period of Filing. The beneficiaries may file their claims for EC death with funeral benefits within the three-year prescriptive period
from the time the missing person has been presumed dead after the lapse of four years from the occurrence of the incident.
 
In lieu of Death Certificate, the System may require the submission of certification from any concerned government institution showing
that the concerned employee or uniformed personnel has been included in the list of missing persons due to a calamity or fatal event and/or
has been missing for a period of four years.
 
5.3. Grant of EC funeral benefits. EC funeral benefits shall be provided to the qualified beneficiaries despite the absence of burial
ceremony.
 
5.4. Non-refund of EC Benefit. If the missing employee appears or without appearing his/her existence is proved, the EC death with
funeral benefits which have been previously provided shall no longer be returned by the concerned beneficiaries to the System.
ECC Circular No. 15-01-20 [January 20, 2015]

The following are the series of events which should be considered in the grant of EC benefits.
 
1. The word “missing” refers to unknown fate or there is no trace of whereabouts of a
worker, employee and uniformed personnel while he/she is in the performance of his/her duties
during calamities or fatal events.
2. The worker, employee or uniformed personnel was not seen or heard from after the
lapse of four years from the occurrence of the incident.
3. The disappearance of the worker, employee or uniformed personnel gives rise to
presumption of death.
4. The death of the worker, employee or uniformed personnel arises out of and in the
course of employment.
 In Tolosa vs. ECC, it was pronounced that the employees’ widow is not entitled to death
benefits because her husband had stopped working when he became physically disabled to do his
work at the time of his retirement in 1975 and dies on February 14, 1984, or almost nine years after,
which is clearly not within the two-year period required by the old Workmen’s Compensation Act.
But in Manuzon vs. ECC, where the employee dies about 4 ½ years after retiring from the service
due to a stroke, a cardiovascular accident caused by thrombosis, the SC, in reversing the denial of
the claim by the ECC, ruled that the dependents are entitled to the benefits, although the death
occurred after the retirement, because the cause of death, myocardial infarction, is closely related to
the cause of his compulsory retirement.
 
In GSIS vs. Cuanang, where the employee died a year after retirement, the SC held that indeed,
if a death which occurred almost 4 ½ years after retirement was held to be within the coverage if the
death benefits under PD 626, as in the Manuzon case, with more reason should a death which
occurred within in a year after retirement be considered as covered under the same law. A claim for
benefit for such death cannot be defeated by the mere fact of separation from service.
 5. FUNERAL BENEFIT
A funeral benefit of P20,0000.00 shall be paid upon the death of a covered employee in both
the private and public sectors or permanently or totally disabled pensioner to one of the following:
1. The surviving spouse
2. The legitimate child who spent for the funeral services
3. Any other person who can show incontrovertible proof or proof of his having borne the
funeral expenses.
 
CONDITION TO ENTITLEMENT:
1. Death due to sickness – causal relationship between the death and the working
conditions of the covered member.
2. Death due to injury – causal relationship between the death and the work-related
accident
3. Death of EC PPD or PTD pensioner – the cause of death is a complication or natural
consequence of previously compensated PPD or PTD.
 C. BENEFICIARIES
 
The term “beneficiaries” means the dependent spouse until he/she remarries and dependent
children who are the primary beneficiaries. In their absence, the dependent parents and subject to
the restrictions imposed on dependent children, the illegitimate children and legitimate
descendants, who are the secondary beneficiaries, provided that the dependent acknowledged
natural child shall be considered as a primary beneficiary when there are no other dependent
children who are qualified and eligible for monthly income benefit.
 
GENERAL CLASSIFICATION:
1. Primary
2. Secondary

**Beneficiaries shall be determined at the time of employee’s death.

 PRIMARY BENEFICIARIES
 
A. The legitimate spouse until he/she remarries. The surviving spouse found not to be living with the covered employee at the time the
employee died should be entitled to employees’ compensation benefits provided that the separation occurred owing to any of the
following circumstances:
1. Refusal of the covered employee to continue living with the surviving spouse, or the employee’s abandonment of the said spouse,
without justifiable or valid cause.
2. Attempt of the covered employee against the life of the surviving spouse, common child/children of the spouse.
3. Commission of an act of sexual abuse against the surviving spouse, common child/children or child/children of the spouse by
the covered employee.
4. The covered employee’s recurrent commission of physical violence, or grossly, abusive conduct, against the surviving spouse,
common child/children or child/children of the spouse.
5. The covered employee’s infliction of physical violence, or imposition of moral duress, to compel the surviving spouse, common
child/children of the spouse to change their religious or political affiliation.
6. Attempt of covered employee to corrupt, or induce the surviving spouse, common child/children or child/children of the spouse
to engage in prostitution, or to make them connive with the employee in such an act of corruption or inducement.
7. Drug addiction or habitual alcoholism of the covered employee.
8. Lesbianism or homosexuality of the covered employee.
9. Contraction of bigamous marriages by the covered employee, whether in the Philippines or abroad.
10. Sexual infidelity or perversion of the covered employee.
11. The covered employee’s act of allowing the surviving spouse, common child/children or child/children of the spouse to be
subjected to acts of lasciviousness.
12. The covered employee’s contraction of serious, sexually transmitted disease extra-maritally.
B. Legitimate, legitimated, legally adopted or acknowledged natural children, who are unmarried not
gainfully employed, not over 21 years of age, or over 21 year of age: Provided, that he is incapacitated
and incapable of self-support due to physical or mental defect which is congenital or acquired during
minority. Provided, further, that a dependent acknowledged natural child shall be considered as a
primary beneficiary only when there are no other dependent children who are qualified and eligible for
monthly income benefit; provided finally, that if there are two or more acknowledged natural children,
they shall be counted from the youngest and without substation, but not exceeding five.
 
SECONDARY BENEFICIARIES
1. The legitimate parents wholly dependent upon the employee for regular support.
2. The legitimate descendants and legitimate children who are unmarried, not gainfully employed,
and not over 21 years of age, or over 21 years of age provided that he is incapacitated and incapable of
self-support due to physical or mental defect which is congenital or acquired during minority.
 
 
***If the deceased employee has no beneficiaries at the time of his death, the death benefit shall
accrue to the Employees’ Compensation Fund.
MONTHLY INCOME BENEFIT
Primary beneficiaries shall be entitled to a monthly income benefit. In their absence, the
secondary beneficiaries shall be entitled to a monthly income benefit not to exceed 60 months
and the death benefit shall not be less than P15,000.00.
 
EVIDENCE TO PROVE RELATIONSHIP AND DEPENDENCE
 
**A marriage certificate issued by the parish priest who solemnized the marriage between
the surviving spouse and the deceased is sufficient to establish marriage relationship.

**The baptismal certificate and birth certificates of the children are also sufficient
evidence to prove the relationship of the dependents with the deceased.
 
 2. POEA-STANDARD EMPLOYMENT
CONTRACT (POEA-SEC)

ORDER OF TOPICAL PRESENTATION

1. MONETARY CLAIMS OF SEAFARERS FOR SICKNESS AND DISABILITY

BENEFITS
2. EXISTENCE AND EXTENT OF SEAFARER’S DISABILITY, HOW DETERMINED
AND DECLARED
3. MONETARY CLAIMS OF SEAFARERS FOR DEATH BENEFITS
 I. MONETARY CLAIMS OF SEAFARERS FOR SICKNESS
AND DISABILITY BENEFITS

Legal bases:
 
1. Law
- Articles 197 [191] to 199 [193], Chapter VI of the Labor Code, in relation to Section 2 (a), Rule X of the Amended Rules
on Employee Compensation (AREC)
 
2. Parties’ Contracts
 
a. The POEA-SEC, the latest version of which is enunciated in Memorandum Circular No. 10 Series of 2010, otherwise known
as the 2010 Amended Standard Terms and Conditions Governing the Overseas Employment of Filipino Seafarers On-Board
Ocean-Going Ships issued on October 26, 2010.
b. Individual Employment Contract between the seafarer and the employer.
c. The parties’ CBA
d. ITF Agreement (International Transport Workers Federation Standard Collective Agreement)

3. Medical Findings
- the medical findings of the company-designated physician, the seafarer’s personal physician, and those of the mutually-
agreed third physicians, pursuant to POEA-SEC
 **By express provision of Section 31 of the 2010 POEA-SEC, any unresolved dispute, claim or grievance arising
out of or in connection therewith, including the annexes thereof, shall be governed by the laws of the Republic of the
Philippines, international conventions, treatise and covenants to which the Philippines is a signatory.

OFWS BENEFIT CLAIMS VIS-À-VIS BENEFITS IN THE LABOR CODE

 
**The claims for disability, death and burial benefits involving OFWs over which the Labor Arbiters of the
NLRC have jurisdiction, are not the same as the claims against the SIF under Title II, Book IV of the Labor Code for
the same benefits, over which the ECC has jurisdiction.
 
In Inter-Orient Maritime Enterprises, Inc. vs. NLRC, involving the death of a migrant worker suffering from
mental disorders in the hands of a policeman in Bangkok while he was being repatriated to the Philippines, the
Supreme Court debunked the claim of the employer which invoked the ruling in De Jesus vs. ECC, that it is not liable
because the cause of death of the worker is not an occupational disease listed by law. Finding no parallelism with De
Jesus, the Highest Court ruled: “Petitioner’s (employer’s) reliance on De Jesus is misplaced, as the death and burial
benefits being claimed in this case are not payable by the ECC and chargeable against the SIF. These claims arose
from the responsibility of the foreign employer together with the local agency for the safety of the employee during
his repatriation and until his arrival in this country. Though the termination of the employment contract was duly
effected in Dubai, still, the responsibility of the foreign employer to see to it that Pineda (the seaman-employee) was
duly repatriated to the point of hiring, subsisted. Section 4, Rule VIII of the Rules and Regulations Governing
Overseas Employment clearly provides for the duration of the mandatory personal accident and life insurance
covering accidental health, dismemberment and disability of overseas workers.
THE LABOR CODE’S CONCEPT OF PTD APPLIES TO CLAIMS OF SEAFARERS
 
Permanent disability transpires when the inability to work continues beyond 120 days, regardless of whether or
not he uses the loses the use of any part of his body. On the other hand, total disability means the incapacity of an
employee to earn wages in the same or similar kind of work that he was trained for, or is accustomed to perform, or
in any kind of work that a person of his mentality and attainments can do. It does not mean absolute helplessness.
Accordingly, PTD means the inability to do substantially all material acts necessary to the prosecution of a gainful
occupation without serious discomfort or pain and without material injury or danger to life. In disability
compensation, it is not the injury per se which is compensated but the incapacity to work.

In Wallem Maritime Services, Inc. vs. NLRC [G.R. No. 163838, Sept. 25, 2008], the High Court cited the
consistent application of the definition of permanent disability under Section 2 (b), Rule VII of the Implementing
Rules of Book V of the Labor Code, as amended by PD 626, which provides:
(b). A disability is total and permanent if as a result of the injury or sickness, the employee is unable to perform
any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of
these Rules.
 
It was further explained that the lapse of the 120-day threshold period is not the benchmark for considering a
permanent disability due to injury or illness, “rather, the true test of whether respondent suffered from a permanent
disability is whether there is evidence that he was unable to perform his customary work as messman for more than
120 days.”
 COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
REQUISITES FOR COMPENSABILITY OF INJURY OR ILLNESS:

For disability to be compensable under Section 20(A) of the 2010 POEA-SEC, two elements must concur:
 
1. The injury or illness must be work-related; and
2. The work-related injury or illness must have existed during the term of the seafarer’s employment
contract.
 

REQUISITES FOR COMPENSABILITY OF OCCUPATIONAL DISEASE:

(Section 32-A of the 2010 POEA-SEC)
  
1. The seafarer’s work must involve the risks described in the POEA-SEC.
2. The disease was contracted as a result of the seafarer’s exposure to the described risks.
3. The disease was contracted within a period of exposure and under such other factors necessary to
contract it
4. There was no notorious negligence on the part of the seafarer.
SEAFARER HAS BURDEN OF PROOF IN DISABILITY CLAIMS

A. Disputable presumption does not signify an automatic grant of compensation and/or benefit
claim

In situations where the seafarer seeks to claim the compensation and benefits that section 20(A)
grants to him, the law requires the seafarer to prove that:
1. he suffered an illness
2. he suffered this illness during the term of his employment contract
3. he complied with the procedures prescribed under Section 20(A)
4. his illness is one of the enumerated occupational diseases or that his illness or injury is
otherwise work-related
5. he complied with the four conditions enumerated in Section 32-A for an occupational
disease or a disputably-presumed work-related disease to be compensable.
PRINCIPLE OF WORK-RELATEDNESS OF AN INJURY OR ILLNESS
  - means that the seafarer’s injury or illness has a possible connection to one’s work,
and thus, allows the seafarer to claim disability benefits therefor

As defined under the 2010 POEA-SEC:

Work-related Injury - an injury resulting in disability or death arising out of and in the
course of employment
Work-related Illness - any sickness resulting to disability or death as a result of an
occupational disease listed under Section 32-A of this Contract with the conditions set
therein satisfied.
Jebsens Maritime, Inc. v. Babol, G.R. No. 204076, Dec. 04, 2013

The 2000 POEA-SEC contract governs the claims for disability benefits by respondent Babol as he was
employed by the petitioners in September of 2006. Pursuant to the said contract, the injury or illness must be work-
related and must have existed during the term of the seafarer’s employment in order for compensability to arise.
Work-relatedness, must, therefore, be established. It is undisputed that Nasopharyngeal Carcinoma (NPC) afflicted
respondent while on board petitioners’ vessel. As a non-occupational disease, it has the disputable presumption of
being work-related. This presumption obviously works in the seafarer’s favor. Hence, unless contrary evidence is
presented by the employers, the work-relatedness of the disease must be sustained. In this wise, the petitioners, as
employers, failed to disprove the presumption of NOC’s work-relatedness. They primarily relied on the medical
report issued by Dr. Co Pefia. The report, however, failed to make a categorical statement confirming the total
absence of work relation.
 
Black’s Law Dictionary defines likely as “probable” and likelihood as probability. The use of the word likely
indicates a hesitant and an uncertain tone in the stated medical opinion and does not foreclose the possibility that
respondent’s NPC could be work-related. In other words, as the doctor opined only a probability, there was no
certainty that his condition was not work-relation. There being no certainty, the Court will lean in favor of the
seafarer consistent with the mandate of POEA-SEC to secure the best terms and conditions of employment for
Filipino workers. Hence, the presumption of NPC’s work-relatedness stays.
PRINCIPLE OF WORK-AGGRAVATION

Jebsens Maritime Inc. v. Babol

Assuming for the sake of argument that the presumption of work-relation was refuted by petitioners,
compensability may still be established on the basis of the theory of work-aggravation, if by substantial evidence,
it can be demonstrated that the working conditions aggravated or at least contributed in the advancement of
respondent’s cancer. As held in Rosario, the burden is on the beneficiaries to show a reasonable connection
between the causative circumstances in the employment of the deceased employee and his death or permanent
total disability.

Shippers United Pacific, Inc vs. Lagne [G.R. No. 217036, August 20, 2018]

Both the NLRC and the CA found Lagne’s rectal illness to be compensable for PTD, because they found
that his dietary provisions while at sea increased his risk of contracting colon cancer because he has no choice of
what to eat on board. Suffice it to say, the strenuous nature of Lagne’s job, combined with his poor diet which
consists of mostly carbohydrates and meat, usually with saturated fats, his advanced age as he was 55 at the time
of the hiring, we find it reasonable to conclude that Lagne acquired or developed his illness during the term of
his contract. There is a probability that Lagne’s work as an oiler caused or contributed even to a small degree to
the development or aggravation of his rectal illness.
INJURY OR ILLNESS MUST OCCUR DURING TERM OF CONTRACT
 
Section 20 (A) of the 2010 POEA-SEC categorically reads:
“The liabilities of the employer when the seafarer suffers work-related injury or illness during the
term of his contract are as follows: xxx”

Based on provision, an injury or illness is compensable, when, first, it is work-related and second,
the injury or illness existed during the term of the seafarer’s employment contract.

The correct approach in adjudging claims of seafarers for death and disability benefits is to
determine whether the claimants have proven the requisites of compensability under Section 32-A of
the 2010 POEA-SEC. This provision states that for an occupational disease and the resulting disability
or death to be compensable, all the followings conditions needs to be satisfied.
1. the seafarer’s work must involve the risk described therein
2. The disease was contracted as a result of the seafarer’s exposure to the described risks
3. The disease was contracted within a period of exposure and under such other factors necessary
to contract it.
4. There was no notorious negligence on the part of the seafarer.
WORKING CONDITIONS ALONE NOT SUFFICIENT
 
Panganiban vs. Tara Trading Shipmanagement [G. R. No. 187032, Oct 18,2010]

In the absence of substantial evidence, working conditions cannot be accepted to have caused or at least increased
the risk of contracting the disease, in this case, brief psychotic disorder. Substantial evidence is more than a mere scintilla.
The evidence must be real and substantial, and not merely apparent; for the duty to prove work-causation or work-
aggravation imposed by law is real and not merely apparent. Petitioner in this case, who suffered brief psychotic disorder,
pointed out that his illness was work-related simply because had it been a land-based employment, petitioner would have
easily gone home and attended to the needs of his family. The SC, however, did not submit to this argument since this is
not the “work-related” instance contemplated by the provisions of the employment contract (POEA-SEC) in order to be
entitled to the benefits. Otherwise, every seaman would automatically be entitled to compensation because the nature of
his work is not land-based and the submission of the seaman to the company-designated physician as to the nature of the
illness suffered by him would just be an exercise of futility. The fact is that the petitioner failed to establish, by substantial
evidence, that his brief psychotic disorder was caused by the nature of his work as oiler of the company-owned vessel. In
fact, he failed to elaborate on the nature of his job or to specify his functions as oiler of the respondent company. It is thus
difficult to find any link between his position as oiler and his illness. The fact that petitioner was a seaman for 10 years
serving 10 to 18-month contracts and never did he have any problems with his contracts cannot be given less importance.
It can only be surmised that the brief psychotic disorder suffered by him was brought about by a family problem. His
daughter was sick and, as a seafarer, he could not just decide to go home and be with his family. Even the psychotic
report prepared by the evaluating private psychiatrist of petitioner showed that the hospitalization of the petitioner’s
youngest daughter caused him poor sleep and appetite. Later, he started hearing voices and developed fearfulness.
DISABILITY ARISING FROM ACCIDENT:
 
Black’s Law Dictionary defines “accident” as “an incidental and unforeseen injurious occurrence; something that does not
occur in the usual course of events or that could not be reasonably anticipated, xxx an unforeseen and injurious occurrence not
attributable to mistake, negligence, neglect or misconduct.” The Philippine Law Dictionary defines the word “accident” as “that
which happens by chance or fortuitously, without intention and design and which is unexpected, unusual and unforeseen.”

NFD International Manning Agents, Inc. vs. Illescas. [G.R. No. 183054, Sept 29, 2010]

Raised as issue in this case is whether or not the incident where respondent figured should be classified as accident or an
injury. On May 16, 2003, when respondent had been on board the vessel M/V Shinrei for seven months as Third Officer, the
Captain and Chief Officer ordered him to carry 25 fire hydrant caps from the from the deck to the engine workshop, then back to
the deck to refit the caps. The next day, while carrying a heavy basketful of fire hydrant caps, respondent felt a sudden snap on his
back, with pain that radiated down to the left side of his hips. He immediately informed the ship captain about his condition and he
was advised to take pain relievers. As the pain was initially tolerable, he continued with his work. After a few days, the pain became
severe, and respondent had difficulty walking. The Court held that the snap on the back of the respondent was not an accident, but
an injury sustained by respondent for carrying the heavy basketful of fire hydrant caps, which injury resulted in hid disability. The
injury cannot be said to be the result of an accident, that is, an unlooked for mishap, occurrence or fortuitous event, because the
injury resulted from the performance of a duty. Although respondent may not have expected the injury, yet, it is common knowledge
that carrying heavy objects can cause back injury, as what happened in this case. hence, the injury cannot be viewed as unusual
under the circumstances, and is not synonymous with the term “accident” as defined above.
NON-COMPENSABILITY OF SELF-INFLICTED INJURY:
 
Section 20(D) of the 2010 POEA-SEC is clear, viz:
 
Section 20. COMPENSATION AND BENEFITS
Xxx
D. No compensation and benefits shall be payable in respect of any injury, incapacity,
disability or death of the seafarer resulting from his willful or criminal act or intentional breach of
his duties. Provided , however, that the employer can prove that such injury, incapacity, disability or
death is directly attributable to the seafarer.
 II. EXISTENCE AND EXTENT OF SEAFARER’S DISABILITY, HOW
DETERMINED AND DECLARED

1. PRE-EMPLOYMENT MEDICAL EXAMINATION (PEME); NONCOMPENSABILITY

OF DISABILITY FROM PRE-EXISTING ILLNESS.

“SECTION 20. COMPENSATION AND BENEFITS xxx

“E. A seafarer who knowingly conceals a pre-existing illness or condition in the Pre-Employment
Medical Examination (PEME) shall be liable for misrepresentation and shall be disqualified from any
compensation and benefits. This is likewise a just cause for termination of employment and imposition of
appropriate administrative sanctions.”

An illness shall be considered as pre-existing if prior to the processing of the POEA contract, any of
the following conditions is present, namely:
(a) The advice of a medical doctor on treatment was given for such continuing illness or condition; or
(b) The seafarer had been diagnosed and has knowledge of such illness or condition but failed to disclose
the same during the PEME, and such cannot be diagnosed during the
PEME.
 **PEME not intended to be a totally in-depth and thorough examination of an applicant’s medical
condition.

**The PEME cannot be a conclusive proof that the seafarer was free from any ailment prior to his
deployment.

**A seafarer only needs to pass the mandatory PEME in order to be deployed on duty at sea. The
fact that the seafarer passed the company’s PEME is of no moment.

**The PEME could not have divulged the seafarer’s illness considering that the examinations were
not exploratory in nature and cannot be relied upon to arrive at his true state of health.

**An honest mistake of claimants in giving account of their state of health does not negate
compensability. This is so because as laypersons, seafarers cannot be expected to make completely
accurate accounts of their state of health.
 
** There is no concealment if the employer knows the seafarer’s medical history.
2. THE 120-DAY/240-DAY TREATMENT PERIOD RULE

THE 120-DAY PERIOD

The 120-DAY PERIOD from repatriation is the period that the company-designated physician is obligated to
arrive at a definite assessment of the former's fitness or degree of disability.

During the said period, the seafarer shall be deemed on TEMPORARY TOTAL DISABILITY and shall receive
his basic wage until he is declared fit to work or his temporary disability is acknowledged by the company to be
permanent, either partially or totally, as his condition is defined under the POEA-SEC and by applicable Philippine
laws.

THE 240 DAY PERIOD OF EXTENSION

If the 120-day period is exceeded and no definitive declaration is made because the seafarer requires further
medical attention, then the temporary total disability period may be extended up to a maximum of 240 days, subject
to the right of the employer to declare within this period that a PERMANENT partial or total disability already
exists.

Case law thus states that without a valid final and definitive assessment from the company-designated
physician within the 120-day/240-day period, the law already steps in to consider petitioner's disability as TOTAL
AND PERMANENT.
 SUMMARY OF RULES ON THE PERIODS TO ASSESS THE SEAFARER

Elburg Shipmanagement Phils., Inc. v. Quiogue, Jr., [GR No. 211882, July 29,2015]

a. The company-designated physician must issue a FINAL medical assessment on the seafarer’s
disability grading within a period of 120 days from the time the seafarer reported to him.

b. If the company-designated physician fails to give his assessment within the period of 120 days
without any justifiable reason, then the seafarer’s disability becomes PERMANENT AND TOTAL.

c. If the company-designated physician fails to give his assessment within the period of 120 days with
a sufficient justification (e.g., seafarer required further medical treatment or seafarer was uncooperative),
then the period of diagnosis and treatment shall be extended to 240 days.

The employer has the burden to prove that the company-designated physician has sufficient
justification to extend the period.

d. If the company-designated physician still fails to give his assessment within the extended period of
240 days, then the seafarer’s disability becomes PERMANENT AND TOTAL, regardless of any
justification.
Current Rule: (Summary on the Periods to Assess the Seafarer)

Marlow Navigation Philippines, Inc. vs. Osias [G.R. No. 215471, Nov. 23, 2015]
 
1. that mere inability to work for a period of 120 days does not entitle a seafarer to permanent
and total disability benefits.

2. that the determination of the fitness of a seafarer for a sea duty is within the province of the
company-designated physician, subject to periods prescribed by law.

3. that the company-designated physician has an initial 120 days to determine the fitness or
disability of the seafarer

4. that the period of treatment may only be extended to 240 days of a sufficient justification
exists such as when further medical treatment is required or when the seafarer is uncooperative.
Conditions required for the claim for total and permanent disability benefits to prosper
 
Torillos v. Eastgate Maritime Corporation [G.R Nos. 215904 & 216165, Jan. 10, 2019]

a. The company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability
even after the lapse of the 120-day period and there is no indication that further medical treatment would address his
temporary total disability, hence, justify an extension of the period to 240 days.
b. 240 days had lapsed without any certification issued by the company-designated physician
c. The company-designated physician declared that he is fit for sea duty within the 120-day or 240-day period, as the
case may be, but his physician of choice and the doctor chosen under Section 20 (B) (3) of the POEA-SEC are of a contrary
opinion.
d. The company-designated physician acknowledged that he is partially permanently disabled but other doctors who he
consulted, on his own and jointly with his employer, believed that his disability is not only permanent but total as well.
e. The company-designated physician recognized that he is totally and permanently disabled but there is a dispute on the
disability grading.
f. The company-designated physician determined that his medical condition is not compensable or work-related under
the POEA-SEC but his doctor-of-choice and the third doctor selected under Section 20 (B) (3) of the POEA-SEC found
otherwise and declared him unfit to work.
g. The company-designated physician declared him totally and permanently disabled but the employer refuses to pay
him the corresponding benefits.
h. The company-designated physician declared him partially and permanently disabled within the 120-day or 240-day
period but he remains incapacitated to perform his usual sea duties after the lapse of said periods.
 ***The extent of disability (whether total or partial) is determined, not by the number of days that one could
not work, but by the disability grading the doctor recognizes.

POST-EMPLOYMENT MEDICAL EXAMINATION

a. Mandatory submission for post-employment medical examination by a company-designated physician.

Section 20 (A) (3) of the 2010 POEA-SEC, reads:
“COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS
“The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his
contract are as follows: xxx
“For this purpose, the seafarer shall submit himself to a post-employment medical examination by a company-
designated physician within three working days upon his return except when he is physically incapacitated to do so,
in which case, a written notice to the agency within the same period is deemed as compliance.

In the course of the treatment, the seafarer shall also report regularly to the company-designated physician
specifically on the dates as prescribed by the company-designated physician and agreed to by the seafarer. Failure of
the seafarer to comply with the mandatory reporting requirement shall result in his forfeiture of the right to claim the
above benefits.”
b. Exceptions
 
(1) when the seafarer is incapacitated to report to the employer upon his repatriation;

(2) when the employer inadvertently or deliberately refused to submit the seafarer to a post-
employment medical examination by a company-designated physician
 FINDINGS OF COMPANY-DESIGNATED PHYSICIAN NOT AUTOMATICALLY FINAL,
BINDING AND CONCLUSIVE

The seafarer may dispute such assessment by seasonably exercising his prerogative to seek a
second opinion and consult a doctor of his choice, in which case the medical report issued by the latter
shall be evaluated by the labor tribunal and the court, based on its inherent merit.

In case of disagreement between the findings of the company-designated physician and the
seafarer's doctor of choice, the employer and the seaman may agree jointly to refer the latter to a
THIRD DOCTOR whose decision shall be final and binding
on them.

Based on jurisprudence, the findings of the company-designated physician prevail in cases where
the seafarer did not observe the third-doctor referral provision in the POEA-SEC. However, if the
findings of the company-designated physician are clearly biased in favor of the employer, then courts
may give greater weight to the findings of the seafarer's personal physician.

***Labor authorities like the Labor Arbiter and the NLRC as well as the courts have the power to
make their own evaluation of the merits of the medical findings in case there is a conflict between the
medical finding of the company-designated physician and that of the doctor appointed by the seafarer
and there was no third doctor appointed by the parties whose decision would be binding on them.
 RIGHT OF SEAFARER TO SEEK A SECOND OPINION

a. When right to seek second opinion accrues

The seafarer has the right to seek a second opinion once the company-designated
physician makes a definitive and final assessment within the 120-day period; otherwise, no such
obligation devolves on the seafarer to consult his own doctor.

b. Second opinion must not be sought while the case is already pending with the Labor Arbiter
or on appeal with the NLRC
Second opinion should not be the product of a mere afterthought.

c. Proof of bad faith or malice of the company-designated physician is not required to enable
seafarer to seek second opinion.
 THE THIRD DOCTOR RULE

If there is a conflict in the findings of the company's doctor and the seafarer's physician, the
parties have the option of agreeing jointly on a third doctor whose assessment shall break the
impasse and shall be the final and binding diagnosis.

Referral to a third doctor is mandatory when:

1. there is a valid and timely assessment by the company-designated physician
2. the appointed doctor of the seafarer refuted such assessment

To definitively clarify how a conflict situation should be handled, upon notification that the
seafarer disagrees with the company doctor’s assessment based on the duly and fully disclosed
contrary assessment from the seafarer’s own doctor, the seafarer shall then signify his intention to
resolve the conflict by the referral of the conflicting assessments to a third doctor whose ruling,
under the POEA-SEC, shall be final and binding on the parties. Upon notification, the company
carries the burden of initiating the process for the referral to a third doctor commonly agreed
between the parties.
Some principles (Third-Doctor Rule)
 
1. Non-referral to a third physician, whose decision shall be considered as final and binding,
constitutes a breach of the POEA-SEC.
2. The employer has no duty to refer to third doctor if there is no request from claimant-seafarer.
3. No period within which third doctor should make a disability assessment.
4. The third-party doctor’s assessment must be definite and conclusive.
5. Deliberately concealing or delaying the release of the disability rating, an act of bad faith.

medical abandonment - the act of seafarer in refusing to undergo medical treatment or in refusing to
continue his medical treatment with the company-designated physician which would result in the
denial of his disability claim.

***The filing of a complaint for disability claim before the lapse of the 120-day/240-day
treatment period will result in its dismissal on the ground of prematurity as at that point, the cause of
action may be said to have not yet accrued as a matter of right.

**Misrepresentation on the part of the claimant would defeat the claim for total permanent
disability.
 III. MONETARY CLAIMS OF SEAFARERS FOR DEATH
BENEFITS

Section 20 (B) of the 2010 POEA-SEC, and a long line of jurisprudence explaining this
provision, require that for the seafarer to be entitled to death benefits, he must have suffered a
work-related death during the term of his contract.

REQUISITES.
The death of the seafarer:
(1) must be work-related; and
(2) must happen during the term of the employment contract.

**Even if the illness which caused the death is not listed under Section 32-A of the
POEA-SEC as an occupational disease or illness, the same shall still be presumed as work-
related and it is incumbent on the employer to overcome the presumption.
When to reckon the termination of employment of a seafarer who died

Section 18 of the 2010 POEA-SEC definitively reckons the termination of employment of a seafarer
in two (2) ways, to wit

(A) When the seafarer completes his period of contractual service aboard the ship, signs-off from die
ship and arrives at die point of hire.
(B) Effective upon arrival at the point of hire for any of the following reasons:
1) When the seafarer signs-off and is disembarked for medical reasons;
2) When the seafarer signs-off due to shipwreck, ship's sale, lay-up of ship, discontinuance
of voyage or change of ship principal;
3) When the seafarer, in writing, voluntarily resigns and signs off prior to expiration of
contract;
4) When the seafarer is discharged for just cause.

Exceptions when death after termination of employment is compensable

a. Those provided under Section 32-A of the 2010 POEA-SEC
b. Medical Repatriation
 NON-COMPENSABILITY OF SELF-INFLICTED INJURY OR DEATH

Section 20 (D) of the 2010 POEA-SEC is clear, viz.:

“SECTION 20. COMPENSATION AND BENEFITS xxx
“D. No compensation and benefits shall be payable in respect of any injury, incapacity, disability or
death of the seafarer resulting from his willful or criminal act or intentional breach of his duties; Provided,
however, that the employer can prove that such injury, incapacity, disability or death is directly attributable
to the seafarer.

Death by suicide
(1) TSM Shipping (Phils.), Inc. v. De Chavez [G.R. No. 198225,Sept. 27, 2017], where the seafarer
was found dead inside his cabin bathroom hanging by the shower cord and covered with blood.
(2) Wallem Maritime Services, Inc. v. Pedrajas, [G.R. No. 192993, Aug. 11, 2014], where the seafarer
hanged himself on the Upper Deck B of the vessel with a rope tied to his neck.
(3) Great Southern Maritime Services Corp. v. Surigao, [G.R. No. 183646, Sept. 18, 2009], where the
seafarer was found dead inside the bathroom of his hospital room with a belt tied around his neck.
(4) Maritime Factors, Inc. v. Hindang, [G.R. No. 151993, Oct. 19. 2011], where the seafarer’s body
was found hanging by a strap on his neck in a kneeling position inside the locker (wardrobe) of his cabin.
 DEATH DIRECTLY ATTRIBUTABLE TO THE SEAFARER

Marlow Navigation Philippines, Inc. v. Heirs of Ricardo S. Ganal [G.R. No. 220168, June 07, 2017]

At around 3 o'clock in the morning of April 16, 2012, after a party on the ship, seafarer Ganal,
already drunk, ignored the ship captain’s directive to return to his cabin and take a rest. Thus, a ship
officer, a security watchman and a member of the crew were summoned to escort Ganal to his cabin.
The crew members attempted to accompany him back to his cabin but he refused. They then tried to
restrain him but he resisted and, when he found the chance to escape, he ran towards the ship's railings
and, without hesitation, jumped overboard and straight into the sea. The crew members immediately
threw life rings into the water towards the direction where he jumped and the ship officer sounded a
general alarm and several alarms thereafter. Contact was also made with the coast guard and the crew
members searched for Ganal, to no avail. Ganal was later found dead and floating in the water.
 AMOUNT OF DEATH BENEFITS
 
Section 20 (B) (l) of the 2010 POEA-SEC provides for the following compensation and benefits:
 
1. Philippine currency equivalent of US$50,000; and
2. Additional amount of US$7,000 to each child under the age of 21 but not exceeding four (4) children, at the exchange rate
prevailing during the time of payment.
3. Where death is caused by warlike activity while sailing within a declared war zone or war risk area, the compensation
payable shall be doubled. The employer shall undertake appropriate war zone insurance coverage for this purpose.
4. The benefits mentioned above shall be separate and distinct from, and will be in addition to, whatever benefits which the
seafarer is entitled to under Philippine laws from the SSS, OWWA, ECC, Philhealth and HDMF or Pag-IBIG Fund.
5. The other liabilities of the employer when the seafarer dies as a result of work-related injury or illness during the term of
employment are as follows:
a. The employer shall pay die deceased’s beneficiary all outstanding obligations due to the seafarer
b. The employer shall transport the remains and personal effects of the seafarer to the Philippines at employer’s expense
except if the death occurred in a port where local government laws or regulations do not permit the transport of such remains. In
case death occurs at sea, the disposition of the remains shall be handled or dealt with in accordance with the master’s best
judgment. In all cases, the employer/master shall communicate with the manning agency to advise for disposition of seafarer’s
remains.
c. The employer shall pay the beneficiaries of the seafarer the Philippine currency equivalent of US$1,000 for burial expenses
at the exchange rate prevailing during the time of payment under this Contract.