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As a final note, while the Court adheres to the principle of liberality in favor of the
seafarer in construing the POEA-SEC, it cannot allow claims for compensation based on
surmises. Liberal construction is not a license to disregard the evidence on record or to
misapply our laws.[88]
WHEREFORE, the petition is GRANTED. The February 15, 2018 Decision and May 9,
2018 Resolution of the Court of Appeals in CA-G.R. SP No. 148879 are REVERSED and
SET ASIDE. The September 20, 2016 Decision and October 27, 2016 Resolution of the
National Labor Relations Commission (Fifth Division) are hereby REINSTATED.
SO ORDERED.
Bersamin, C. J., (Chairperson), Del Castillo, and Jardeleza, JJ., concur.
Carandang, J., on wellness leave.
[1] Rollo, pp. 53-67; penned by
Associate Justice Jhosep Y. Lopez with Associate
Justices Japar B. Dimaampao and Manuel M. Barrios, concurring.
[2] Id. at 69-70.
[3] CA rollo, pp. 37-55; penned by Commissioner Mercedes R. Posada-Lacap with
Presiding Commissioner Grace E. Maniquiz-Tan and Commissioner Dolores M. PeraltaBeley, concurring.
[4] Id. at 57-60.
[5] Id. at 266-291; penned by Labor Arbiter Thomas T. Que, Jr.
[6] Rollo, pp. 54 and 124.
[7] Id. at 125-139.
[8] Id. at 149.
[9] Id. at 55.
[10] Id. at 154-155.
[11] Id. at 156.
[12] Id. at 157.
[13] Id. at 158.
[14] Id. at 159-163.
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