4/20/2021
E-Library - Information At Your Fingertips: Printer Friendly
4) Castillon signed a quitclaim and received a check for P888,340.00
or roughly US$20,000.00.[4]
Notwithstanding the aforementioned facts, the ponencia sided in favor of Castillon with
the following findings and reasons:
1) Castillon's death during the pendency of his claim for
compensation is compensable because it was work- related.[5]
2) Castillon's illness can be traced from his family history of
malignancy as well as his working and living conditions while on
board which contributed to his illness.[6]
3) Castillon's allegations—that he was given poor dietary provisions
such as canned goods which are high in fat and cholesterol, that
he worked for more than eight (8) hours a day, and that he was
exposed to oil and fumes—were never disputed by the
respondents.[7]
4) Castillon cannot be considered to have signed the quitclaim
voluntarily as he was in desperate need of financial assistance for
his chemotherapy and the amount given by respondent
Magsaysay Mitsui OSK Marine, Inc. (Magsaysay) is hardly
sufficient as he was legally entitled to US$65,000.00 instead of
the US$20,000.00 that was given.[8]
The aforementioned reasons, with all due respect to the majority's position, appear to
be inconsistent with some basic legal precepts and tend to present long-term problems
for those who are contemplating of seeking employment in the maritime industry.
I.
Evidence is not
substantial
enough
to
establish the fact
that
Castillon's
colon cancer was
work-related.
It is an oft-repeated rule that the quantum of proof necessary in labor cases (as in
other administrative and quasi-judicial proceedings) is substantial evidence, or such
amount of relevant evidence which a reasonable mind might accept as adequate to
justify a conclusion.[9] And in a situation where the word of another party is taken
against the other, as in this case, the Court must rely on substantial evidence because
a party alleging a critical fact must duly substantiate and support such allegation.[10]
Concomitantly, a reasonable proof of work-connection is sufficient to establish
compensability of a non-occupational disease—a direct causal relation is not required.
[11] And while the degree of determining whether the illness is work-related requires
only probability, the conclusions of the courts must still be based on real, and not just
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
27/35
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents