Tuesday, February 21, 2017

Counter-defense of Insanity

EMPLOYEE'S COMPENSATION

Dennis willfully caused his death while Apolinario's evidence fell short of substantial evidence to establish its counter-defense of insanity. In other words, Apolinario's complaint must be dismissed not because of doubt but because of the insufficiency of his evidence to support his claim of insanity. POEA-SEC requires the employer to prove not only that the death is directly attributable to the seafarer himself but also that the seafarer willfully caused his death, evidence of insanity or mental sickness may be presented to negate the requirement of willfulness as a matter of counter-defense. Since the willfulness may be inferred from the physical act itself of the seafarer (his jump into the open sea), the insanity or mental illness required to be proven must be one that deprived him of the full control of his senses; in other words, there must be sufficient proof to negate voluntariness.

[2014V872] AGILE MARITIME RESOURCES INC., ATTY. IMELDA LIM BARCELONA and PRONAV SHIP MANAGEMENT, INC. vs. APOLINARIO N. SIADOR, G.R. No. 191034, October 01, 2014, J. Brion

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