4/20/2021
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apparent, evidence.[12]
In the case at hand, the records barely show that Castillon's colon cancer was caused
or aggravated by his work and stay in the confines of M/V Amethyst Ace for the
following reasons:
FIRST, the probability of developing colorectal cancer and having the same progress
from Stage I to Stage 3 in just 4-6 months is miniscule. Overall, only 5% of adenomas
(precancerous colon polyps) progress to cancer and it can take seven (7) to ten (10) or
more years for an adenoma to evolve into cancer—if it ever does.[13] Additionally,
medical bulletins show that colorectal cancer is often found after symptoms appear as
most people with early colon or rectal cancer have no symptoms of the disease;
accordingly, symptoms usually appear only at a more advanced stage of the disease.
[14] In other words, colorectal cancers are usually asymptomatic and can take years to
manifest. Moreover, such medical consensus suggest that cancer progresses in different
stages and does not occur or develop in a rapid manner. And as to how fast cancer
develops, the current state of medical science has yet to give humanity specific
answers or reasonable estimates to enable physicians to pinpoint, with reasonable
certainty, the period of such illness' development or progression.
Even if it is to be assumed that the rate of development of Castillon's colon cancer was
unusually rapid as a result of some unusual mutation, such possibility remains to be
within the realm of conjecture or supposition. As such, the Court can neither
reasonably rule that Castillon's cancer may have developed or progressed during such a
short span of time. While it is enough that his employment as a seafarer contributed—
even if only in a small degree—to the development of the disease,[15] the existence of
otherwise non-existent proof cannot be presumed.[16] Evidence which would establish a
reasonable connection between the nature or conditions of work and the illness
suffered by a seafarer during employment should still be presented and should still
satisfy the needed quantum of proof—such requirement cannot be dispensed or ignored
completely.
SECOND, the probability that Castillon's colon cancer was aggravated by his diet while
onboard the vessel is speculative at best. It is basic that whoever alleges a fact has the
burden of proving it because a mere allegation is not evidence.[17] While the facts show
that the respondents failed to rebut the allegation that Castillon was given poor dietary
provisions such as canned goods which are high in fat and cholesterol, such silence
does not amount to substantial evidence. Self-serving allegations should still be
substantiated by evidence if they are to be regarded as useful to establish a fact or
inference.[18]
Moreover, one's predisposition to develop cancer is affected not only by one's work, but
also by many factors outside of one's working environment.[19] The factors leading
to Castillon's colon cancer are so varied that substantial evidence is needed to prove
that the same illness is work-related. Factors that increase a person's risk of colorectal
cancer include high fat intake, a family history of colorectal cancer and polyps, the
presence of polyps in the large intestine, and chronic ulcerative colitis.[20] Accordingly,
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
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