6/14/2021 E-Library - Information At Your Fingertips: Printer Friendly entitlement to benefits provided by law should establish his right thereto by substantial evidence which is more than a mere scintilla; it is real and substantial, and not merely apparent. Further, while in compensation proceedings in particular, the test of proof is merely probability and not ultimate degree of certainty, the conclusion of the courts must still be based on real evidence and not just inference and speculations.[30] (Citations omitted.) In this case, Utanes suffered from coronary artery disease, a cardio­vascular illness under item 11 of Section 32-A of the POEA-SEC. The mentioned provision enumerates the conditions which must be met to show that the seafarer's work involve the risk of contracting the disease. Again, none of these conditions are present in this case; no proof of the required conditions was submitted by Utanes to demonstrate that his illness is work-related and, therefore, compensable. Thus, Utanes failed to discharge his burden to prove the risks involved in his work, that his illness was contracted as a result of his exposure to the risks within the period of exposure and under such other factors necessary to contract it, and that he was not notoriously negligent.[31] All told, Utanes is not entitled to total and permanent disability benefits. On a final note, we emphasize that the constitutional policy to provide full protection to labor is not meant to be a sword to oppress employers. Justice is for the deserving and must be dispensed within the light of established facts, the applicable law, and existing jurisprudence.j2 The Court's commitment to the cause of labor is not a lopsided undertaking. It cannot and does not prevent us from sustaining the employer when it is in the right. FOR THE STATED REASONS, the petition is GRANTED. The April 21, 2017 Decision and January 3, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 148683 are REVERSED and SET ASIDE. The complaint filed by Magno T. Utanes against TransGlobal Maritime Agency, Inc. is DISMISSED. SO ORDERED. Peralta, CJ., (Chairperson), Caguioa, Reyes, J., JR., Lazaro-Javier, and Lopez, JJ. concur. [1] Rollo, pp. 59-73; penned by Associate Justice Magdangal M. De Leon, with the concurrence of Associate Justices Elihu A. Ybanez and Carmelita Salandanan Manahan. [2] Id. at 74-75; penned by Associate Justice Magdangal M. De Leon, with the concurrence of Associate Justices Justice Elihu A. Ybanez and Carmelita Salandanan Manahan. [3] Id. at 101-118; penned by Labor Arbiter Thomas T. Que, Jr. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66745 6/9