6/8/2020
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THE HONORABLE COURT OF APPEALS ERRED WHEN IT RULED THAT THE
RESPONDENT IS THE BROTHER OF THE DECEASED DESPITE THE UTTER
LACK OF BASIS TO SUBSTANTIATE THE RELATIONSHIP.[15]
Petitioner claims that Danilo's death is not compensable, since he committed suicide;
that the photocopy of the facsimile transmission of the purported 4-page medical report
of Dr. Hameed, which supported petitioner's claim, should have been admitted
notwithstanding that the same was a mere photocopy since the original document is in
a foreign country; and that administrative and quasi-judicial bodies like the NLRC are
not bound by technical rules of procedure in the adjudication of cases. Petitioner argues
that the written report dated September 21, 1994, signed by Danilo's fellow crew
members, should have also been considered in the resolution of this case.
The main issue for resolution is whether Danilo committed suicide during the term of
his employment contract which would exempt petitioner from paying Danilo's death
compensation benefits to his beneficiaries.
In a petition for review on certiorari, our jurisdiction is limited to reviewing errors of law
in the absence of any showing that the factual findings complained of are devoid of
support in the records or are glaringly erroneous.[16] We are not a trier of facts, and
this applies with greater force in labor cases.[17] Findings of fact of administrative
agencies and quasi-judicial bodies, which have acquired expertise because their
jurisdiction is confined to specific matters, are generally accorded not only great
respect but even finality.[18] They are binding upon this Court unless there is a
showing of grave abuse of discretion or where it is clearly shown that they were arrived
at arbitrarily or in utter disregard of the evidence on record.[19] We find these
exceptions in this case.
The LA, the NLRC and the CA found that Danilo died of Asphyxia by strangulation based
on the NBI post-mortem findings and certification issued by the medico-legal officer, Dr.
Reyes. These three tribunals did not give credence to the evidence presented by
petitioner proving that Danilo committed suicide, which evidence consisted of (1) a
photocopy of the fax transmission of the medical report of Dr. Hameed, the Saudi
Arabian doctor who immediately conducted an autopsy on Danilo’s body upon his
death; and (2) the written report of three fellow crew members of Danilo.
We reverse the ruling.
The three tribunals agreed to respondent's claim that the photocopy of a fax
transmission of Dr. Hameed’s medical report is unverifiable and unreliable; thus, did not
give credence to the same. However, we find that respondent is estopped from raising
its objection to such photocopy of medical report, since respondent even lifted portions
in the report which would allegedly prove his claim of Danilo's death by strangulation.
Notably, respondent would refer to portions of the medical report which suit his
purpose but raises the report’s authenticity and reliability since the conclusion was
adverse to him.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/40027
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