In Maunlad Transport, Inc. v. Manigo, Jr.,[28] this Court explicitly declared
that it is mandatory for a claimant to be examined by a company-designated
physician within three days from his repatriation. The unexplained omission of
this requirement will bar the filing of a claim for disability benefits.
The NLRC and the Court of Appeals determined that petitioner did not
observe the established procedure as there is no proof at all that he reported to the
office of the respondents.[29] We see no reason to depart from their
findings. While petitioner remains firm that he reported to the office of the
respondents for mandatory reporting, the records are bereft of any proof to fortify
his claim. The onus probandi falls on petitioner to establish or substantiate such
claim by the requisite quantum of evidence. There is absolutely no evidence on
record to prove petitioner’s claim that he reported to respondents’ office for
mandatory reportorial requirement. Petitioner therefore failed to adduce
substantial evidence as basis for the grant of relief.
The general principle is that one who makes an allegation has the burden of
proving it. A party alleging a critical fact must support his allegation with
substantial evidence. Any decision based on unsubstantiated allegation cannot
stand as it will offend due process.[30]
In labor cases as in other administrative proceedings, substantial evidence or
such relevant evidence as a reasonable mind might accept as sufficient to support a
conclusion is required.[31]
The oft repeated rule is that whoever claims entitlement to the benefits
provided by law should establish his or her right thereto by substantial evidence.[32]
In Wallem Maritime Services v. National Labor Relations Commission,
[33]
this Court made an exception regarding the compulsory reporting requirement
and emphasized that this rule is not absolute. The Court explained that the seaman
therein was physically incapacitated from complying with the requirement
observing that the seaman was already terminally ill and for a man in that
condition and in need of urgent medical attention, one could not reasonably expect
that he would immediately resort to and avail of the required medical attention
assuming that he was still capable of submitting himself to such examination at
that time.
Regretfully, we cannot apply Wallem to petitioner’s case as the
circumstances in that case are not the same herein. Petitioner is not similarly
situated in that there is no showing that he is likewise physically incapacitated to