6/8/2020
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The post-mortem examination conclusively established that the true cause of death was
asphyxia or suffocation. The appellate court's ruling that while it may be consistent with
the theory that the deceased hanged himself but it does not rule out the possibility that
he might have died of other causes,[18] does not persuade. Aside from being purely
speculative, we find it hard to believe that someone strangled Salvador inside the
bathroom then locked the door thereof on his way out undetected. As shown by the
evidence presented by the petitioners, the bathroom door was locked or bolted from
the inside and could not be opened from outside. In order to gain entrance, the hospital
staff had to pass through a closed door with a mess leading to the ceiling of the
bathroom. Entry could not likewise be effected through the bathroom window as it has
grills.
Moreover, the conclusion that Salvador could not have hanged himself to the
showerhead as he was found lying on the floor with a belt tied around his neck; or that
he could not have died since the pipe broke down and he fell therefrom,[19] are based
on speculations and hypothetical in nature. This confusion could have been avoided had
both the Court of Appeals and the Labor Arbiter considered the most logical possibility
that Salvador died hanging on the showerhead before the pipe broke down due to his
body weight, and thus, explaining why he was found on the floor with the belt still on
his neck and broken pipe and showerhead near his lifeless body. That the post-mortem
examination, the Certification of Dr. Raju and the police inquest report, all stated that
Salvador's cause of death was asphyxia due to hanging, and not due to any other
injury, lead to a fair and just conclusion that Salvador was already dead before the
showerhead broke.
Indeed, we are not unaware of our ruling in Becmen Service Exporter and Promotion,
Inc. v. Cuaresma,[20] where we held that Jasmin Cuaresma, also an overseas Filipino
worker, did not commit suicide; that Filipinos are resilient people, willing to take on
sacrifices for the good of their family; and that we do not easily succumb to hardships
and difficulties. Nevertheless, the circumstances prevailing in said case are totally
different from this case. In Becmen, the postmortem examination and the police report
did not state with specificity that poisoning or suicide was the cause of Jasmin's death.
In fact, both reports mentioned that the cause of death of Jasmin was still under
investigation. In contrast, the postmortem examination and the police report in this
case, categorically mentioned that Salvador died of asphyxia due to hanging. It was
also shown that no other individual could have caused the death of Salvador because
the bathroom door was locked or bolted from the inside and could not be opened from
outside.
In Mabuhay Shipping Services, Inc. v. National Labor Relations Commission,[21] the
Court held that the death of a seaman even during the term of employment does not
automatically give rise to compensation. The circumstances which led to the death as
well as the provisions of the contract, and the right and obligation of the employer and
the seaman must be taken into consideration, in consonance with the due process and
equal protection clauses of the Constitution.
It is true that the beneficent provisions of the Standard Employment Contract are
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49727
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