6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly Respondent cannot now claim that the medical report which was merely a translation of the original report in Arabic cannot be given legal effect, since respondent had referred to the same medical report to argue its case. It is settled that the LA and the NLRC are directed to use every and all reasonable means to ascertain the facts in each case speedily and objectively, without regard to technicalities of law and procedure all in the interest of substantial justice. [20] Considering the foregoing, we find reversible error committed by the LA, the NLRC and the CA in discrediting Dr. Hameed’s medical report for being a mere photocopy of a fax transmission. Again, we stress that proceedings before the NLRC are not covered by the technical rules of evidence and procedure as observed in the regular courts. Technical rules of evidence do not apply if the decision to grant the petition proceeds from an examination of its sufficiency as well as a careful look into the arguments contained in position papers and other documents. [21] We give credence to Dr. Hameed’s medical report establishing that Danilo committed suicide by hanging himself. Dr. Hameed conducted the autopsy on Danilo's remains immediately after the latter's death. He saw first-hand the condition of Danilo's body, which upon his examination led him to conclude that Danilo died by hanging himself. His report was comprehensive and more detailed. He, likewise, noted that there were no signs of violence or resistance, or any external injuries except a very slight and artificial injury of nearly 5 cms among the toes of Danilo's right leg.[22] Petitioner also presented as its evidence the written report of Danilo’s fellow crew members to prove that Danilo's cabin door was locked when he was found hanging in his wardrobe. The report stated that they (Chief Mate Marcial Lauron, Jr., AB Jaime Aguinaldo and Oiler Allan P. Sarabia) forced open the cabin door of Danilo by taking out the screws on the door; that the door was locked since the key was inserted in the keyhole inside the room; that upon opening the door, they found the room empty but when they looked at the locker, they saw Danilo hanging with a strap on his neck in a kneeling position.[23] This written report was not given credence by the CA holding that “no one can prevent a determined villain from entering the said room while the door was open when the deceased was inside; thus, after the villain strangled the victim to death, he slipped away, closed and locked the door.”[24] We find such finding as speculative. In Dr. Hameed’s medical report, as well as Dr. Reyes’ post mortem examination, both reports did not mention of any showing of signs that there was struggle on the part of Danilo to defend himself from an intruder. Both reports did not report any marks of violence in the other parts of Danilo’s body. Thus, Dr. Hameed's medical report, corroborated by the written report of Danilo's fellow crew members that the door was locked from the inside when they found Danilo hanging in his wardrobe, only shows that he committed suicide. Under Part II, Section C, Nos. 1 and 6 of the POEA "Standard Employment Contract Governing the Employment of All Filipino Seamen on Board Ocean-Going Vessels,"[25] it is provided that: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/40027 5/8

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