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enough to cause the fracture to Delfin's rib. This petitioners did not do.
[36] As stated in Delfin's Position Paper, CA rollo, p. 72.
[37] Both dated November 13,2003, id. at 92 and 93, respectively.
[38] Id. at 150-153.
[39] Id. at 150.
[40] In an article entitled, "Evaluation of the Risk of Pathologic Fractures Secondary to
Metastatic Bone Disease (see http://www.bonetumor.org/evaluation-pathologicfracture-risk-due-tumor; last accessed on April 14, 2015)," it was discussed that:
Unlike fractures of normal bone, pathologic fractures occur during normal activity
or minor trauma due to weakening of the bone by disease. Conditions
associated with pathologic fractures include underlying metabolic disorders,
primary benign tumors, and primary and metastatic malignant tumors. (Emphasis
supplied.)
We note that Delfin's Death Certificate, CA rollo, p. 162, lists "bone cancer" as the
immediate cause of his death; while "multiple organ failure [due] to Malignant
Peripheral Nerve Sheath Tumor" and "Malignant Peripheral Nerve Sheath Tumor" were
the antecedent and underlying causes, respectively, thereof.
[41] CA rollo, p. 79.
[42] Id. at 145-146.
[43] Nahas v. Olarte, G.R. No. 169247, June 2, 2014.
[44] Supra note 21
at 321-322; citing Magsaysay Maritime Corporation v. National
Labor Relations Commission (Second Division), G.R. No. 186180, March 22, 2010, 616
SCRA 362, 378-379.
[45] The President of the Church of Jesus Christ of Latter Day Saints v. BTL
Construction Corporation, G.R. Nos. 176439 and 176718, January 15,2014,713 SCRA
455,472-473.
[46] Philman Marine Agency, Inc. (now DOHLE-PHILMAN Manning Agency, Inc.) v.
Cabanban, G.R. No. 186509, July 29, 2013, 702 SCRA 467, 494.
Source: Supreme Court E-Library
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112
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