6/5/2020
E-Library - Information At Your Fingertips: Printer Friendly
Moreover, among the powers of the Commission as provided in Section 218 of the
Labor Code is that the Commission may issue subpoenas requiring the attendance and
testimony of witnesses or the production of such books, papers, contracts, records,
statement of accounts, agreements, and others.[21] In addition, the Commission may,
among other things, conduct investigation for the determination of a question, matter
or controversy within its jurisdiction, proceed to hear and determine the disputes in the
absence of any party thereto who has been summoned or served with notice to appear,
conduct its proceedings or any part thereof in public or in private, adjourn its hearings
to any time and place, refer technical matters or accounts to an expert and to accept
his report as evidence after hearing of the parties upon due notice.[22] From the
foregoing, it can be inferred that the NLRC can receive evidence on cases appealed
before the Commission, otherwise, its factual conclusions would not have been given
great respect, much weight, and relevance[23] when an adverse party assails the
decision of the NLRC via petition for certiorari under Rule 65 of the Rules of Court
before the CA and then to this Court via a petition for review under Rule 45.[24]
Accordingly, if we take into consideration the Investigation Report, log book extracts
and Master’s Report submitted by petitioners, the same all strongly point out that
seaman Glicerio died because he committed suicide.
Contrary to the findings of the CA, it appears that the Investigation Report submitted
by Inchcape Shipping Services completely detailed the events that happened prior to
seaman Glicerio’s death, i.e., from the last person who corresponded with him when he
was still alive, the circumstances leading to the day he was discovered dead, to the
person who discovered him dead. Based on the investigation, it appears that seaman
Glicerio was cheerful during the first two months. However, he, thereafter, kept to
himself after telling people that his family is facing problems in the Philippines and that
he already informed petitioners to look for his replacement.
The result of the above investigations is even bolstered by the Medical Report[25] issued
by Dr. Sajeed Aboobaker who diagnosed seaman Glicerio with musculoskeletal pain and
emotional trauma due to family problems, when the latter complained of chest pains
and palpitations on December 10, 2008.
Second, both the Medico-Legal Report and Death Certificate indicate that the actual
cause of death of seaman Glicerio is “suicidal asphyxia due to hanging.”
The Medico-Legal Report issued by the United Arab Emirates, Ministry of Justice states:
Medico-Legal Report on Case No. 2/2009/Casualties
In accordance with the letter of the Director of Fujairah Public Prosecution
dated 09.07.2006 to carry out the external examination on the remains of
Mr. Glicerio Ramirez [M]alipot, Filipino national, to show the reason of death
and how death occurred, I, Prof. Dr. Osman Abdul Hameed Awad, medicolegal senior consultant in Fujairah, hereby certify that I carried out the
external examination on the aforementioned body on 15.01.2009 at Fujairah
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/58912
8/12