As correctly found by respondent Commission, petitioners' evidence insufficiently
proves the fact that the deaths of the two seamen were caused by their own willful and
deliberate act. And even if the seamen implanted fragments of reindeer horn in their sex
organs, the evidence does not substantially prove that they contracted tetanus as a
result of the unsanitary surgical procedures they performed on their bodies. Neither
does the evidence show that the tetanus was the direct cause of their deaths.
IN VIEW WHEREOF, the petition is dismissed and the decision of respondent National
Labor Relations Commission in NLRC CA No. 006490-94 is affirmed.
SO ORDERED.
Regalado, (Chairman), Mendoza, and Martinez, JJ., concur.
POEA Case No. Adj.(M)91-11-1305, Records, pp. 1-8; POEA Case No. Adj.(M)9111-1306, Records, pp. 1-13.
i[1]
ii[2]
Answer, pp. 2-3, Records, pp. 43-45; Petition, p. 6, Rollo, p. 7.
iii[3]
NLRC Decision, pp. 8-9, Rollo, pp. 34-35.
iv[4]
Petition, pp. 11-12, Rollo, pp. 12-13.
v[5]
Labor Code, Article 221.
vi[6]
Id.
New Valley Times Press v. National Labor Relations Commission, 211 SCRA 509,
514 [1992]; Bristol Laboratories Employees' Association v. National Labor Relations
Commission, 187 SCRA 118, 121 [1990]; Phil. Telegraph and Telephone Corp. v.
National Labor Relations Commission, 183 SCRA 451, 457-458 [1990]; Columbia Dev.
Corp. v. Min. of Labor, 146 SCRA 421, 427-428 [1986].
vii[7]
viii[8] Precision Electronics Corp. v. National Labor Relations Commission, 178 SCRA
667, 670 [1989].
Stayfast Phil. Corp. v. National Labor Relations Commission, 218 SCRA 596, 601
[1993]; Robusta Agro Marine Products, Inc. v. Gorombalem, 175 SCRA 93, 98 [1989].
ix[9]
x[10]
Id.