6/8/2020
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Labor Arbiter's findings that:
The findings of the employer that complainant's husband died of hanging is
questionable and deserves no consideration at all for the following reasons:
First, seaman Surigao was found lying on the floor with a belt around his
neck. If he died hanging, why was he found lying on the floor? It is very
unlikely for him to dislodge himself from being hang [sic] before his last
breath. Second, the respondents failed to show the place where Surigao
could have possibly hanged himself. What seems absurd is that the
respondents took picture of the doors, locks and shower pipes but not the
place where he allegedly hanged himself. And third, the presence of the
broken showerhead near the body of Surigao is confusing. If Surigao hanged
himself in the said showerhead and it broke down, then Surigao could not
have died since he fell therefrom. All these circumstances are contrary to
the allegation that seafarer Surigao committed suicide. Moreover, this Office
opines that had respondents conducted a thorough investigation on the
circumstances, it would have yielded a result not favorable to the
respondents.[9]
We find the foregoing ratiocination anchored on pure guesswork and speculation. In
stark contrast, we find the foregoing circumstances as constituting substantial evidence
supporting a conclusion that Salvador's death was attributable to himself:
1. Salvador was last seen alive by the attending nurse in Room No. 1619
at about 4:00 a.m. of August 26, 2001;[10]
2. At 6:30 a.m. of the same day, when no one answered to the repeated
knocks of the attending nurse, the hospital staff forcibly opened the
main door of the room;[11]
3. Things inside the room were found in order;[12]
4. The bathroom door was locked from inside and the hospital staff
gained entrance therein only through a closed door with a mesh
leading to the ceiling of the bathroom;[13]
5. The window in the bathroom has grills;[14]
6. Salvador was found dead inside with a belt tied around his neck;[15]
7. A broken pipe and showerhead were found near the body;[16] and
8. The post-mortem examination result stating an opinion on the cause of
death as Asphyxia due to hanging.[17]
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