6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly committed grave abuse of discretion when it gave weight to the Medico-Legal Report issued by Dr. Osman Abdul Hameed Awad and the Death Certificate issued by the United Arab Emirates Ministry of Health as the same are inconclusive as to the cause of seaman Glicerio’s death. In its Decision dated October 29, 2012, the CA reversed the NLRC ruling and awarded death benefits holding that petitioners failed to prove the cause or circumstances which lead to seaman Glicerio’s suicide, viz.: Apart from the Medico-Legal Report and Death Certificate, there is no showing that [petitioners] exerted effort to ascertain the circumstances surrounding Glicerio’s death which was their duty to undertake as employer. As held by the Labor Arbiter, the Medico-Legal Report and Death Certificate are only evidence of the cause of death, but not of the circumstances surrounding Glicerio’s death. While [petitioners] submitted an Investigation Report, log book extracts, and Master’s Report, these were belatedly submitted on appeal to the NLRC via a Supplemental Memorandum of Appeal, yet, there is no indication that these are newly discovered evidence. Worse, a reading of these documents does not show the actual circumstances which surrounded Glicerio’s death, for even the Investigation Report merely stated: “The local Fujairah Police is presently carrying out an investigation into the likely cause of death.” [Petitioners] presented these reports to highlight Glicerio’s supposed “family problems” which allegedly drove him to commit suicide. However, this supposition is contradicted by Glicerio’s yearning to go home, as related to his wife during their conversations. Also, [petitioners] alleged that Glicerio’s Contract of Employment was supposed to end on February 18, 2009 as his contract was for 4-6 months. In contrast though, Glicerio’s Seabased Overseas Filipino Worker (OFW) sheet stated that his contract duration is for “4 months, 0 days,” so his contract should have ended on December 18, 2008. But whether it was in December or in February that Glicerio was slated to go home, We cannot subscribe to the idea that he decided to commit suicide at a time that was already so near the end of his contract. It is beyond human comprehension that a seaman who wanted to go home so badly would simply take his life for no reason at all. xxxx We also note that Delia executed a Quitclaim and Release in consideration of the sum of Twelve Thousand Two Hundred Fifty-Four and 00/100 (Usd 12,254.00) US Dollars. But it has already been held that where it is shown that the person making the waiver did so voluntarily and with full understanding of what he is doing and the consideration of the quitclaim is credible, the transaction must be recognized as a valid and binding undertaking. But where the consideration for the quitclaim is inordinately low and exceedingly unreasonable, the quitclaim cannot be considered as an obstacle to the pursuit of legitimate claims. Noting that the consideration of the quitclaim, US$12,254.00, is inordinately low compared to the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58912 5/12