4/15/2021
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that he took his own life for being hazy, equivocal, and non-committal. The reports
(Investigation Report;[51] Master's Report[52]) relative to the said incident were also
not worthy of belief because they lack spontaneity as they were prepared 10 days after
the incident. Even the Cause of Death Form issued by the Sri Lankan authorities failed
to conclude Manuel's death as suicide, as in fact it only stated the cause thereof to be
under investigation. The subsequent December 7, 2013 Post-Mortem Report released
by Dr. Ruwanpura finding the cause of death as "asphyxia due to hanging" was also
suspected for being issued some two months after the incident. It could not even be
verified whether the said Post-Mortem Report had been properly translated. The
statements of the crew members, Investigative Report, Master's Report and the
December 7, 2013 Post-Mortem Report actually lacked probative value for being mere
photocopies. No police investigation report conducted by the harbor authorities of
Galle, Sri Lanka was presented. The NBI Autopsy Report made no mention of the words
"hanging" or "suicide," but merely labelled the cause of Manuel's death as "consistent
with asphyxia by ligature." The findings that Manuel did not sustain any injuries are not
supported by the evidence on record as the NBI Autopsy Report[53] showed otherwise.
In fact, said findings appear to be more consistent with strangulation, a clear indication
of foul play. Viz.:
EXTERNAL INJURIES:
Head and Neck: Ligature mark, antero-lateral aspect, contused and
abraded, 48.0 cm. long. The right extremity is directed involving upwards
and backwards, towards the right auricural area and ending at a point 15.0
cm. behind and 4.0 cm. below the right external auditory meatus. Widest
area of 1.0 cm. and narrowest at 0.4 cm.
x
Upper Extremities:
Contusion :
1.) 5.0 x 1.0 cm., dorsal aspect on the lateral side of the right thumb and
index finger.
xxxx
Lower Extremities:
Contusion:
1.) 10.0 x 5.0 cm., antero-medial aspect on the middle 3rd of the right leg.
Since respondents fail to prove their claim of suicide, they are liable not only for death
benefits, transportation expenses and burial expenses, but they must also pay the
insurance benefits pursuant to R.A. No. 10022. Anent her claims for other monetary
benefits, petitioner maintains that respondents must be made to pay the CBA
mandated guaranteed overtime pay, leave pay, daily allowance/subsistence allowance
and owner's bonus for their failure to present competent and credible evidence showing
payment of the same to Manuel. She claims that the US$670.03 paid to Manuel only
covers the period from October 1, 2013 to October 8, 2013, leaving the mandated
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237
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