6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly The CBA’s existence and the applicability of its provisions to the instant petition have not been established. It has been oft-repeated that “a party alleging a critical fact must support his allegation with substantial evidence,” and “any decision based on unsubstantiated allegation cannot stand as it will offend due process.”[34] In the case at bar, while the petitioner based his claims for full disability benefits upon the CBA, he presented no more than two unauthenticated pages of the same.[35] Hence, the CBA deserves no evidentiary weight and cannot be made as the basis for the award of disability compensation. Consequently, the first issue[36] raised herein is rendered moot, leaving the Court to resolve the petition in the light of the provisions of the POEA SEC and relevant labor laws. The POEA SEC governs. Under Section 32 thereof, the petitioner is entitled to a total and permanent disability compensation of US$60,000.00. In Kestrel Shipping Co., Inc. v. Munar,[37] likewise involving a seafarer who had sustained a spinal injury and had lost two-thirds of his trunk’s lifting power, the Court is emphatic that: Indeed, under Section 32 of the POEA-SEC, only those injuries or disabilities that are classified as Grade 1 may be considered as total and permanent. However, if those injuries or disabilities with a disability grading from 2 to 14, hence, partial and permanent, would incapacitate a seafarer from performing his usual sea duties for a period of more than 120 or 240 days, depending on the need for further medical treatment, then he is, under legal contemplation, totally and permanently disabled. x x x. Moreover, the company-designated physician is expected to arrive at a definite assessment of the seafarer’s fitness to work or permanent disability within the period of 120 or 240 days. That should he fail to do so and the seafarer’s medical condition remains unresolved, the seafarer shall be deemed totally and permanently disabled. xxxx x x x Section 29 of the 1996 POEA SEC itself provides that “[a]ll rights and obligations of the parties to [the] Contract, including the annexes thereof, shall be governed by the laws of the Republic of the Philippines, international conventions, treaties and covenants where the Philippines is a signatory.” Even without this elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58964 7/18