4/29/2020 E-Library - Information At Your Fingertips: Printer Friendly The absence of a medical report or certification of Nazal’s ailments and disability only signifies that his post-employment medical examination did not take place as claimed. We thus cannot accept the NLRC reasoning that the absence of a medical report does not mean that Nazal was not examined by the company-designated physician as the medical reports are normally in the custody of the manning agency and not with the seaman. In UST Faculty Union v. University of Santo Tomas,[30] the Court declared: “a party alleging a critical fact must support his allegation with substantial evidence. Any decision based on unsubstantiated allegation cannot stand as it will offend due process.” Second. While we have ruled out laches as a bar to Nazal’s claim, the inordinate delay in the institution of the complaint casts a grave suspicion on Nazal’s true intentions against the petitioners. It took him two years and 10 months to file the complaint (on September 16, 2004)[31] since he disembarked from the vessel M/V Rover on November 24, 2001. Why it took him that long a time to file the complaint only Nazal can answer, but one thing is clear: he obtained another employment as a seaman for three months (from March 1, 2004 to June 11, 2004), long after his employment with the petitioners. He was deployed by manning agent Crossocean Marine Services, Inc. (Crossocean) on board the vessel Kizomba A FPSO, for the principal Eurest Shrm Far East Pte., Ltd.[32] Nazal admitted as much when he submitted in evidence before the LA photocopies of the visa section of his passport showing a departure on March 1, 2004[33] and an arrival on June 11, 2004.[34] If Nazal was able to secure an employment as a seaman with another vessel after his disembarkation in November 2001, how can there he a case against the petitioners, considering especially the lapse of time when th case was instituted? How could Nazal be accepted for another ocean-going job if he had not been in good health? How could he be engaged as a seaman after his employment with the petitioners if he was then alrendy disabled? Surely, before he was deployed by Crossocean, he went through a pre-employment medical examination and was found fit to work awl healthy; othetwise, he would not have been hired. Under the circumstances, his ailments resulting in his claimed disability could only have heen contracted or aggravated during his engagement by his last employer or, at the very least, during the period after his contract of employment with the petitioners expired. For ignoring this glaring fact, the NLRC commi1ted a grave abuse of discretion; for upholding the NLRC, the CA committed the same jurisdictional error. As a final word, it is unfortunate that Nazal died before the case could be resolved, but his death cannot erase the fact that his claim for disability benefits was brought against the wrong party, nor the reality that his claim against the petitioners suffered from fatal defects. WHEREFORE, premises considered, the petition is GRANTED. The assailed resolutions of the Court of Appeals are SET ASIDE. The complaint is DISMISSED for lack of merit. No costs. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55870 6/9