5/28/2020
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inflicted burning that Moradas allegedly committed, on the other hand. It is
simply contrary to human nature and experience for Moradas to set himself ablaze
because he was caught stealing the ship's supplies.[29]
bl. The lack of causal connection,
aggravated by flimsy reliance on the
alleged prior acts of pilfering
and sabotaging the ship
Unsurprisingly, the ponencia had to pin down Moradas first for his alleged acts of
pilfering and causing the flooding in the engine room in order to create a makeshift
anchorage for a finding of self-inflicted injury. Unfortunately, even its findings on these
points are riddled with inconsistencies that the supposed causal connection the
ponencia relied upon similarly suffers.
We must not lose sight of the fact that the core issue before the labor tribunals is
whether Moradas' injury is self-inflicted. The issues as to whether Moradas stole
the ship's properties and committed an act of sabotaging the ship are issues that are
appropriately before the POEA Adjudication Office. The records show that sometime in
February 2001 (or several weeks after Moradas, through counsel, sent a demand letter
to the petitioners), the petitioners
filed an
administrative complaint against
Moradas for dishonesty and grave misconduct.
A finding by that
body that
indeed Moradas committed the acts imputed to him would have provided
sufficient starting basis for the logic of the ponencia's view that a causal
connection existed. Unfortunately, the petitioners, who have the burden of proving
that the injury was self-inflicted, submitted nothing on this point.
While a reference to these incidents may be justified as circumstantial evidence to
prove that Moradas' injury was self-inflicted,
I find it highly disturbing that the
ponencia made a conclusive factual finding that "Moradas was caught pilfering
the ship's supplies"[30] and effectively implied that he committed the act of sabotaging
the ship, notwithstanding Moradas' categorical denial of these accusations,
with an explanation of his own account of the facts - denials which the
petitioners themselves never bothered to address in any of their pleadings.
On the other hand, I cannot also understand why Moradas' categorical denials were
disregarded but the similar negative statements of Bosun Antonio Gile and Chief
Officer Antonio Bejada (that there was no fire in the incinerator) were believed to
defeat Moradas' claim that the burning was caused by the explosion. If the Court would
be allowed to make such a first hand preference of evidence, by what standard of
"sound judicial discretion" is it based?
Also, according to the ponencia, Moradas failed to rebut Bosun Gile's claim that he
saw Moradas go to the paint room, soak his hands in a can full of thinner and proceed
to the incinerator door where he was set ablaze. Contrary to the ponencia's holding,
Moradas even made a specific denial of Bosun Gile's claim in his Position
Paper before the LA.[31]
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605
22/31
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