5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly following view: Accordingly, we do not re-examine conflicting evidence, re- evaluate the credibility of witnesses, or substitute the findings of fact of the NLRC, an administrative body that has expertise in its specialized field. Nor do we substitute our “own judgment for that of the tribunal in determining where the weight of evidence lies or what evidence is credible.” The factual findings of the NLRC, when affirmed by the CA, are generally conclusive on this Court. Nevertheless, there are exceptional cases where we, in the exercise of our discretionary appellate jurisdiction may be urged to look into factual issues raised in a Rule 45 petition. For instance, when the petitioner persuasively alleges that there is insufficient or insubstantial evidence on record to support the factual findings of the tribunal or court a quo, as Section 5, Rule 133 of the Rules of Court states in express terms that in cases filed before administrative or quasi-judicial bodies, a fact may be deemed established only if supported by substantial evidence.[52] (Emphases supplied; citations omitted) The evident conflict between the NLRC’s and CA’s factual findings as shown in the records of this case prompts the Court to sift through their respective factual determinations if only to determine if the NLRC committed grave abuse of discretion in reaching its disposition, keeping in mind that the latter’s assessment should only meet the threshold of substantial evidence. B. Application In view of the above-discussed considerations and after a judicious scrutiny of the facts on record, the Court holds that the CA erred in attributing grave abuse of discretion on the part of the NLRC in affirming the LA’s dismissal of respondent’s complaint. This is based on the Court’s observation that the NLRC had cogent legal bases to conclude that petitioners have successfully discharged the burden of proving by substantial evidence that respondent’s injury was directly attributable to himself. The reasons therefor are as follows: First, records bear out circumstances which all lead to the reasonable conclusion that respondent was responsible for the flooding and burning incidents. Records show that the LA and NLRC gave credence to the corroborating testimonies of the crewmen pointing to respondent as the person who deliberately caused the flooding incident. In particular, respondent was seen alone in the vicinity of the portside seachest which cover was found to have been intentionally removed and thereby caused the flooding. He was also seen disappearing up to the boiler deck just when the bilge level alarm sounded with patches of water left on the floor plates and on the stairways. Respondent neither denied nor proffered any explanation on the foregoing claims especially when all of his fellow engine room staff, except him, responded to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605 6/31