8/26/2020 E-Library - Information At Your Fingertips: Printer Friendly As a final note, while the Court adheres to the principle of liberality in favor of the seafarer in construing the POEA-SEC, it cannot allow claims for compensation based on surmises. Liberal construction is not a license to disregard the evidence on record or to misapply our laws.[88] WHEREFORE, the petition is GRANTED. The February 15, 2018 Decision and May 9, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 148879 are REVERSED and SET ASIDE. The September 20, 2016 Decision and October 27, 2016 Resolution of the National Labor Relations Commission (Fifth Division) are hereby REINSTATED. SO ORDERED. Bersamin, C. J., (Chairperson), Del Castillo, and Jardeleza, JJ., concur. Carandang, J., on wellness leave. [1] Rollo, pp. 53-67; penned by Associate Justice Jhosep Y. Lopez with Associate Justices Japar B. Dimaampao and Manuel M. Barrios, concurring. [2] Id. at 69-70. [3] CA rollo, pp. 37-55; penned by Commissioner Mercedes R. Posada-Lacap with Presiding Commissioner Grace E. Maniquiz-Tan and Commissioner Dolores M. PeraltaBeley, concurring. [4] Id. at 57-60. [5] Id. at 266-291; penned by Labor Arbiter Thomas T. Que, Jr. [6] Rollo, pp. 54 and 124. [7] Id. at 125-139. [8] Id. at 149. [9] Id. at 55. [10] Id. at 154-155. [11] Id. at 156. [12] Id. at 157. [13] Id. at 158. [14] Id. at 159-163. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65335 19/24

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