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Philippine Bar review · Question

Practice question: Seafarers (RA 12021, Secs. 22, 28–29, 32, 57, and its IRR; 2010 POEA Standard Employment Contract [2026 DMW- SEC, effective after the cut-off, is excluded])

Essay Medium Jurisprudence

Practice question

A 2019 employment contract incorporates the 2010 POEA-SEC. The seafarer suffers a proved work-related fatal accident during the contract, leaving two eligible children under twenty-one. Entitlement and beneficiary status are undisputed, and no higher CBA benefit applies. Calculate section 20(B)(1) death compensation excluding burial and other separate items, and explain why the specified contract version matters.

Legal references

  • https://lawphil.net/statutes/repacts/ra2024/ra_12021_2024.html — RA 12021, sections 22, 28–29, 32 and 57: medical assessment, PEME, liability and disability grading.
  • https://stcw.marina.gov.ph/wp-content/uploads/2016/02/Signed-IRR-RA-NO.-12021_for_website-1.pdf — Signed RA 12021 IRR, Rule III 1.16, Rule V sections 3–4, Rule VI section 2 and Rule XI section 5: medical rights and third-doctor procedure, including no-fault procedural safeguard.
  • https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/10/58141 — POEA Memorandum Circular 10 s. 2010, adopting the 2010 minimum standard terms.
  • https://www.delrosariolaw.com/images/stories/downloads/POEA%20SEC%20-%202010%20Amendments.pdf — Issued 2010 POEA Standard Employment Contract, section 20(B)(1), reproduced PDF: qualifying death compensation. The post-cutoff 2026 DMW-SEC is excluded.

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