itself during the term of the contract – and was the very reason of his repatriation.
Respondent submits that Lutero died of a heart ailment which he incurred during
the term of the contract, thus, making his death compensable. Respondent also
denies that the heart ailment of Lutero was a preexisting illness because, while it is
true that the PEME is not exploratory, the ailment would have been easily detected
because Lutero had been continuously under petitioners' employ for almost four
years. Lastly, respondent highlights her claim that Lutero, after his repatriation,
immediately reported to Interorient and asked for post-medical examination and
assistance, but none was given to him. She bewails the fact that, instead of the
conduct of said examination, petitioners induced Lutero to execute the
Acknowledgment and Undertaking, releasing petitioners from any liability.22[22]
The ultimate issue in this case is whether the CA committed a reversible
error in rendering the assailed Decision.
The Petition is bereft of merit.
As a rule, only questions of law may be raised in and resolved by this Court
on petitions brought under Rule 45 of the Rules of Civil Procedure, because the
Court, not being a trier of facts, is not duty-bound to reexamine and calibrate the
evidence on record. In exceptional cases, however, we may delve into and resolve
factual issues when there is insufficient or insubstantial evidence to support the
findings of the tribunal or court below, or when too much is concluded, inferred or
deduced from the bare or incomplete facts submitted by the parties, or when the
22[22] Comment; rollo, pp. 97-140.