4/20/2021
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even if respondents' silence regarding M/V Amethyst Ace's poor dietary provisions are
to be taken as an admission, the same falls short of the required quantum of proof
required to establish work-relatedness because it is merely speculative as a probable
factor of Castillon's colon cancer. Thus, the evidence is not substantial enough to prove
that Castillon's diet onboard the vessel caused or contributed to the development of his
colon cancer.
LAST, a pre-employment medical examination (PEME) is not exploratory and may not
be relied upon to produce information regarding a seafarer's true state of health.[21] It
is not intended to be a totally in-depth and thorough examination of an applicant's
medical condition.[22] This jurisprudential observation applies to asymptomatic illnesses
such as colon cancer which, as discussed earlier, usually appear only at a more
advanced stage of the disease. An asymptomatic illness cannot reasonably be detected
during a PEME as the same procedure is routinary. It is only when patients complain of
discomfort or pain that routinary procedures, such as the PEME, can be extended by
the examining physician through additional medical tests which may lead to the
eventual diagnosis of an underlying illness.
However, the presumption of work-relatedness cannot be reasonably relied upon to
support a claim of compensation just because the PEME is non-exploratory. At best, the
inadequacy of the PEME in diagnosing or detecting a disease can only overcome an
employer's defense that the illness suffered by a seafarer should not be considered as
work-related as it was not found to be existing at the time of employment. Such
presumption, even if sometimes supported by probability, cannot by itself be
reasonably interpreted to automatically mean, establish or substantiate a claim of a
seafarer's illness being work-related. At the very least, circumstantial evidence has to
be offered to prove the "reasonable link" between the nature or conditions of work and
the seafarer's purported resultant illness.
II. General
principles
such
as social justice
cannot supplant
the requirement
of
establishing
facts
or
inferences
by
evidence.
Time and again, the Court has ruled that the social justice provisions of the
Constitution are not self-executing principles ready for enforcement through the courts
—they are merely statements of principles and policies.[23] In other words, they are
merely guidelines for legislation.[24] As such, social justice principles need legislative
enactments before they can be implemented.[25]
Conversely, the protective mantle of social justice cannot be utilized as an instrument
to hoodwink courts of justice.[26] In relation to the administration of justice, procedural
rules are not to be belittled or dismissed simply because their non-observance may
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406
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