4/20/2021 E-Library - Information At Your Fingertips: Printer Friendly apparent, evidence.[12] In the case at hand, the records barely show that Castillon's colon cancer was caused or aggravated by his work and stay in the confines of M/V Amethyst Ace for the following reasons: FIRST, the probability of developing colorectal cancer and having the same progress from Stage I to Stage 3 in just 4-6 months is miniscule. Overall, only 5% of adenomas (precancerous colon polyps) progress to cancer and it can take seven (7) to ten (10) or more years for an adenoma to evolve into cancer—if it ever does.[13] Additionally, medical bulletins show that colorectal cancer is often found after symptoms appear as most people with early colon or rectal cancer have no symptoms of the disease; accordingly, symptoms usually appear only at a more advanced stage of the disease. [14] In other words, colorectal cancers are usually asymptomatic and can take years to manifest. Moreover, such medical consensus suggest that cancer progresses in different stages and does not occur or develop in a rapid manner. And as to how fast cancer develops, the current state of medical science has yet to give humanity specific answers or reasonable estimates to enable physicians to pinpoint, with reasonable certainty, the period of such illness' development or progression. Even if it is to be assumed that the rate of development of Castillon's colon cancer was unusually rapid as a result of some unusual mutation, such possibility remains to be within the realm of conjecture or supposition. As such, the Court can neither reasonably rule that Castillon's cancer may have developed or progressed during such a short span of time. While it is enough that his employment as a seafarer contributed— even if only in a small degree—to the development of the disease,[15] the existence of otherwise non-existent proof cannot be presumed.[16] Evidence which would establish a reasonable connection between the nature or conditions of work and the illness suffered by a seafarer during employment should still be presented and should still satisfy the needed quantum of proof—such requirement cannot be dispensed or ignored completely. SECOND, the probability that Castillon's colon cancer was aggravated by his diet while onboard the vessel is speculative at best. It is basic that whoever alleges a fact has the burden of proving it because a mere allegation is not evidence.[17] While the facts show that the respondents failed to rebut the allegation that Castillon was given poor dietary provisions such as canned goods which are high in fat and cholesterol, such silence does not amount to substantial evidence. Self-serving allegations should still be substantiated by evidence if they are to be regarded as useful to establish a fact or inference.[18] Moreover, one's predisposition to develop cancer is affected not only by one's work, but also by many factors outside of one's working environment.[19] The factors leading to Castillon's colon cancer are so varied that substantial evidence is needed to prove that the same illness is work-related. Factors that increase a person's risk of colorectal cancer include high fat intake, a family history of colorectal cancer and polyps, the presence of polyps in the large intestine, and chronic ulcerative colitis.[20] Accordingly, https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406 28/35

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