history of bladder cancer, bladder birth defects, genetics, chemotherapy and
radiation therapy are also risk factors for bladder cancer.[29]
The deceased allegedly suffered bouts of painful urination while onboard petitioners vessel. The pain would however subside upon the taking of
pain relievers. Nevertheless, in the absence of substantial evidence, we cannot
conclude that the pain was due to cancer. After all, painful urination is non
specific to cancer and may be linked to other conditions. Moreover, there was
no indication that petitioner was made aware of such painful spells while the
deceased was on-board.
Respondents were unable to adduce evidence that the deceaseds work exposed
him to the chemicals suspected to increase the risks of acquiring bladder
cancer. Neither were they able to prove that his bladder cancer was acquired
during his employment. As we earlier noted, ones predisposition to develop
cancer is affected not only by ones work, but also by many factors outside
of ones working environment. In the absence of substantial evidence, the
deceaseds working conditions cannot be assumed to have increased the risk of
contracting bladder cancer.
While it is true that labor contracts are impressed with public interest and
the provisions of the POEA Standard Employment Contract must be construed
fairly, reasonably and liberally in favor of Filipino seamen in the pursuit of
their employment on board ocean-going vessels,[30] we should always be
mindful that justice is in every case for the deserving, to be dispensed with in
the light of established facts, the applicable law, and existing jurisprudence.[31]
WHEREFORE, the petition is GRANTED. The assailed Decision and
Resolution of the Court of Appeals in CA-G.R. SP No.
84794 are hereby REVERSED and SET ASIDE. The 30 December
2003 Resolution of the NLRC is REINSTATED.