6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly The post-mortem examination conclusively established that the true cause of death was asphyxia or suffocation. The appellate court's ruling that while it may be consistent with the theory that the deceased hanged himself but it does not rule out the possibility that he might have died of other causes,[18] does not persuade. Aside from being purely speculative, we find it hard to believe that someone strangled Salvador inside the bathroom then locked the door thereof on his way out undetected. As shown by the evidence presented by the petitioners, the bathroom door was locked or bolted from the inside and could not be opened from outside. In order to gain entrance, the hospital staff had to pass through a closed door with a mess leading to the ceiling of the bathroom. Entry could not likewise be effected through the bathroom window as it has grills. Moreover, the conclusion that Salvador could not have hanged himself to the showerhead as he was found lying on the floor with a belt tied around his neck; or that he could not have died since the pipe broke down and he fell therefrom,[19] are based on speculations and hypothetical in nature. This confusion could have been avoided had both the Court of Appeals and the Labor Arbiter considered the most logical possibility that Salvador died hanging on the showerhead before the pipe broke down due to his body weight, and thus, explaining why he was found on the floor with the belt still on his neck and broken pipe and showerhead near his lifeless body. That the post-mortem examination, the Certification of Dr. Raju and the police inquest report, all stated that Salvador's cause of death was asphyxia due to hanging, and not due to any other injury, lead to a fair and just conclusion that Salvador was already dead before the showerhead broke. Indeed, we are not unaware of our ruling in Becmen Service Exporter and Promotion, Inc. v. Cuaresma,[20] where we held that Jasmin Cuaresma, also an overseas Filipino worker, did not commit suicide; that Filipinos are resilient people, willing to take on sacrifices for the good of their family; and that we do not easily succumb to hardships and difficulties. Nevertheless, the circumstances prevailing in said case are totally different from this case. In Becmen, the postmortem examination and the police report did not state with specificity that poisoning or suicide was the cause of Jasmin's death. In fact, both reports mentioned that the cause of death of Jasmin was still under investigation. In contrast, the postmortem examination and the police report in this case, categorically mentioned that Salvador died of asphyxia due to hanging. It was also shown that no other individual could have caused the death of Salvador because the bathroom door was locked or bolted from the inside and could not be opened from outside. In Mabuhay Shipping Services, Inc. v. National Labor Relations Commission,[21] the Court held that the death of a seaman even during the term of employment does not automatically give rise to compensation. The circumstances which led to the death as well as the provisions of the contract, and the right and obligation of the employer and the seaman must be taken into consideration, in consonance with the due process and equal protection clauses of the Constitution. It is true that the beneficent provisions of the Standard Employment Contract are elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49727 6/8

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