disputed by CSMSI. Consistent with the 5 July 2003 diagnosis made by Dr. Tulmar at the Jebel Ali Medical
Centre declaring him "not fit for work until complete cardiac evaluation is done" and advising him "to rest
until then,"[33] it appears that Esguerra underwent serology, hematology, biochemistry and x-ray
diagnostic tests which yielded no significant findings relative to the back and chest pains he claims to have
suffered.[34] Although the 5 July 2003 notation made on the M/V Gondwana Chief Officer's Logbook
states that he was "advised to be repatriated" on the same day and "to continue his medication in the
Philippines," no less than Esguerra himself confirmed in his 6 July 2003 letter to the Jebel Ali
police/coastguard that he had yet to undergo a compete cardiac evaluation and that CSMSI's foreign
principal, NSLF, had refused to shoulder his repatriation expenses on the ground that he was unable to
finish his contract.[35]
Quite significantly, Esguerra also filed his complaint on 16 July 2003[36] or even before his impediment
rating was definitively assessed by either Dr. Vicaldo or Dr. Saguin. Our perusal of the record further
shows that, by and of themselves, the medical certifications upon which Esguerra anchored his claims for
disability benefits and sickness allowance were not supported by such diagnostic tests and/or procedures
as would adequately refute the normal results of those administered to him at the Jebel Ali Medical
Centre. Working on a vague diagnosis of "lower back problem," Dr. Saguin appears to have caused
Esguerra to undergo physical therapy and prescribed him pain medications[37] similar to those he was
already given abroad.[38] While Dr. Vicaldo also issued the 18 July 2003 medical certification, diagnosing
Esguerra to be suffering from "Coronary Artery Disease, Stable Angina Pectoris,"[39] his justification for
the assessment of an "Impediment Grade VII (41.8%)" was merely anchored on the following general
impressions, to wit:
- This patient/seaman presented with a history of shortness of breath, easy fatigue and chest
pain [i]n June, 2003;
- He was seen in Dubai UAE where his ECG showed right bundle branch block.
- He was also seen at the PGH where he was treated [for] chronic stable angina.
- At present, he still complains of easy fatigue and chest pain.
- He is now unfit to resume work as seaman in any capacity.
- His illness is considered work aggravated.
- He would require antianginal medic[ine] to relieve his recurrent chest pain.
- He is at risk for developing full blown coronary artery disease in the future which may present
as acute myocardial infarction.
- Having recurrent chest pain obviously impairs his quality of life.
- He needs lifestyle [modification] to improve his prognosis. This includes nicotine abstinence,
dietary adjustments and physical exercise."[40]
Granted that strict rules of evidence are not applicable in claims for compensation,[41] and mere
probability and not the ultimate degree of certainty is regarded as the touchstone or test of proof in
compensation proceedings,[42] it cannot be gainsaid that awards of compensation cannot rest in
speculations or presumptions.[43] In the absence of showing of adequate tests and reasonable findings to
support the same, the divergent Impediment Grades assessed by Dr. Vicaldo and Dr. Saguin cannot be
expediently taken at face value. In Magsaysay Maritime Corporation vs. Velasquez,[44] this Court
significantly brushed aside the evidentiary value of a recommendation made by Dr. Vicaldo which was
likewise "based on a single medical report which outlined the alleged findings and medical history" of the
claimant-seafarer. In Montoya vs. Transmed Manila Corporation,[45] a similar fate was dealt the same
doctor's plain statement of the supposed work-relation/work-aggravation of a seafarer's ailment which was
"not supported by any reason or proof submitted together with the assessment or in the course of the
arbitration."