5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly pre-medical examinations for the past ten (10) years of his employment does not necessarily follow that his pulmonary illness and cancer of the lungs was brought about by the accident he encountered. We have repeatedly ruled that the pre-employment medical examination is not exploratory in nature.[39] It was not intended to be a totally in-depth and thorough examination of an applicant’s medical condition. It merely determines whether one is “fit to work” at sea or “fit for sea service,” and does not reveal the real state of health of an applicant. Thus, the “fit to work” declaration in Yap’s pre-employment medical examination cannot be a conclusive proof to show that he was free from any ailment prior to his deployment.[40] We are neither convinced by petitioner’s argument that by virtue of Article 26.3 in relation to Articles 22 and 23 of the CBA, her husband may still be considered as “in the employment of the company.” First of all, there is doubt as to whether the parties are actually covered under the CBA since, as respondents point out, not only is the same unsigned by the parties concerned, but petitioner did not present any proof to indicate Dovee Yap’s membership in the particular union covered therein. Note that the maritime company identified in the CBA is not even the respondents but a certain “Interorient Navigation Company Ltd.”[41] Second, even assuming that the CBA is applicable in this case, Dovee Yap still cannot be considered as in the employment of the company. The provisions relied upon by petitioner require that the seafarer has not been repatriated or if so, that his death is directly attributable to the sickness or injury that caused him to be medically repatriated. But there is nothing in the records which will indicate that Dovee Yap was repatriated by reason of his illness. More importantly, as we have already discussed, there is no showing that Dovee Yap’s death is directly attributable to the accident he encountered on the vessel. While the accident may have led petitioner’s husband to seek medical attention which resulted in the discovery of his pneumonia and cancer of the lungs, it cannot be hastily assumed that it was likewise the cause of his disease. Indeed, 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. In the absence of substantial evidence, Dovee Yap’s accidental slip on board the vessel cannot be automatically believed to have increased his risk of contracting lung cancer.[42] Hence, while it is true that labor contracts are impressed with public interest and that the provisions of the POEA Standard Employment Contract must be construed logically and liberally in favor of Filipino seamen in the pursuit of their employment on board ocean-going vessels, still the rule is 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.[43] WHEREFORE, premises considered, the instant petition is DENIED. The Decision and Resolution, dated June 6, 2011 and August 23, 2011, respectively, of the Court of Appeals in CA-G.R. SP No. 114417 are hereby AFFIRMED. SO ORDERED. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57408 10/14