Ecumenical Memorial Rite for the Deceased Seafarers

A job of a seafarer is not exactly a walk in the park.  He performs duties and responsibilities as instructed or as necessary. What makes the job more difficult, aside from exposure to fluctuating temperatures caused by variant weather changes, the job obviously entails laborious manual tasks conducted in a moving ship, which makes for increased work-related stress. In some instances, a seafarer unfortunately dies due to illness or injury. The shipping industry and seafaring  profession are likewise  not without incident or peril. There are  maritime disasters that result in the loss of life of and injury to Filipino seafarers .

Part of the annual celebration of the National Seafarers Day (NSD) is the  " ECUMENICAL MEMORIAL RITE FOR THE DECEASED SEAFARERS"  Prayers are offered and flowers are thrown to the open seas  as families and friends pay homage  to them. 

The organizers said "The Flowers are the expression of the fragrance and beauty of love given and received. May this wreathe thrown into the sea carry to all the deceased  seafarers the message of our love and gratitude as we know that by the power of God there is no distance of time or oceans but a mutual waiting for our eternal reunion in peace. Dear departed seafarers, you have completed your final watch, now rest in peace."

"We pray, Lord, that you continue protecting all seafarers from all harm,injuries and death as they travel the oceans of the world and lead them home to the embrace of their loved ones. Today, we remember in a special way all the seafarers who have reached the eternal haven with you. Receive them in your heavenly home and may our faith in you be a source of consolation and strength for their families, knowing that those who have died are now living with you and yet are not far from their loved ones."

Former president Fidel V. Ramos earlier issued on July 9, 1996 Proclamation No. 828 declaring August 18 as National Seafarers Day wherein  the Apostleship of the Sea (AOS) was tasked to coordinate with the public and private sector in   activities related to the celebration of said event. The purpose of the Proclamation is to give due recognition to the vital role of Filipino seafarers towards the development of the Philippines as a maritime country. Later,  Proclamation No.1094 was issued in 1997 by President Ramos which moved NSD    to every  last Sunday of September every year.  It is now celebrated  on its 21st year with   theme  "MARINONG PILIPINO: TATAK NG KAHUSAYAN!"

Under an employment contract duly approved by the Philippine Overseas Employment Administratio (POEA), in the case of work-related death of the seafarer, during the term of his contract the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment.

Case law explains that "[t]he words 'arising out of' refer to the origin or cause of the accident, and are descriptive of its character, while the words 'in the course of' refer to the time, place, and circumstances under which the accident takes place. As a matter of general proposition, an injury or accident is said to arise 'in the course of employment' when it takes place within the period of the employment, at a place where the employee reasonably may be, and while he is fulfilling his duties or is engaged in doing something incidental thereto."

However, there are instances when  heir are denied of the death benefits which lead to the filing of cases. Courts are called upon to be vigilant in their time-honored duty to protect labor, especially in cases of disability or ailment. When applied to Filipino seafarer, the perilous nature of their work is considered in determining the proper benefits to be awarded. These benefits, at the very least, should approximate the risks they brave on board the vessel every single day. 

In the case of Racelis vs United President Lines (UPL) November 12, 2014  G.R. No.  198408,  the Supreme Court said that  while it is true that a medical repatriation has the effect of terminating the seafarer's contract of employment, it is, however, enough that the work-related illness, which eventually becomes the proximate cause of death, occurred while the contract was effective for recovery to be had. A further exposition is apropos.

Consistent with the State's avowed policy to afford full protection to labor as enshrined in Article XIII of the 1987 Philippine Constitution, 64 the POEA-SEC was designed primarily for the protection and benefit of Filipino seafarers in the pursuit of their employment on board ocean-going vessels. As such, it is a standing principle that its provisions are to be construed and applied fairly, reasonably, and liberally in their favor. 

Guided by this principle, the Court recognized that a medical repatriation case constitutes an exception to the second requirement under Section 20 (A) (1) of the 2000 POEA-SEC, i.e., that the seafarer's death had occurred during the term of his employment, in view of the terminative consequences of a medical repatriation under Section 18 (B) of the same. In essence, the Court held that under such circumstance, the work-related death need not precisely occur during the term of his employment as it is enough that the seafarer's work-related injury or illness which eventually causes his death had occurred during the term of his employment