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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
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