6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly enough to cause the fracture to Delfin's rib. This petitioners did not do. [36] As stated in Delfin's Position Paper, CA rollo, p. 72. [37] Both dated November 13,2003, id. at 92 and 93, respectively. [38] Id. at 150-153. [39] Id. at 150. [40] In an article entitled, "Evaluation of the Risk of Pathologic Fractures Secondary to Metastatic Bone Disease (see http://www.bonetumor.org/evaluation-pathologicfracture-risk-due-tumor; last accessed on April 14, 2015)," it was discussed that: Unlike fractures of normal bone, pathologic fractures occur during normal activity or minor trauma due to weakening of the bone by disease. Conditions associated with pathologic fractures include underlying metabolic disorders, primary benign tumors, and primary and metastatic malignant tumors. (Emphasis supplied.) We note that Delfin's Death Certificate, CA rollo, p. 162, lists "bone cancer" as the immediate cause of his death; while "multiple organ failure [due] to Malignant Peripheral Nerve Sheath Tumor" and "Malignant Peripheral Nerve Sheath Tumor" were the antecedent and underlying causes, respectively, thereof. [41] CA rollo, p. 79. [42] Id. at 145-146. [43] Nahas v. Olarte, G.R. No. 169247, June 2, 2014. [44] Supra note 21 at 321-322; citing Magsaysay Maritime Corporation v. National Labor Relations Commission (Second Division), G.R. No. 186180, March 22, 2010, 616 SCRA 362, 378-379. [45] The President of the Church of Jesus Christ of Latter Day Saints v. BTL Construction Corporation, G.R. Nos. 176439 and 176718, January 15,2014,713 SCRA 455,472-473. [46] Philman Marine Agency, Inc. (now DOHLE-PHILMAN Manning Agency, Inc.) v. Cabanban, G.R. No. 186509, July 29, 2013, 702 SCRA 467, 494. Source: Supreme Court E-Library elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60112 15/16

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