3/27/2020 E-Library - Information At Your Fingertips: Printer Friendly floating on the ocean. 3. Even the labor federation to which Dennis belonged, agreed that Dennis committed suicide. Since the burden of evidence was shifted to Apolinario, the reversal of the NLRC’s ruling could only be premised on Apolinario’s successful proof by substantial evidence of Dennis’ insanity or mental illness. The CA, however, instead of proceeding in this manner, imposed the burden of evidence on the petitioners on the ground that “willfulness x x x could not be presumed when [Dennis] jumped overboard.” By doing so, the CA acted as if the petition before it was part of an appellate process rather than an independent civil action of certiorari that is limited to questions of grave abuse of discretion. Properly, the question for the CA to answer was whether Apolinario established by substantial evidence his claim of insanity. b. Apolinario did not sufficiently meet the burden of evidence i. inapplicability of Lapid and Naess In an attempt to establish Dennis’ mental illness, Apolinario relied on portions of the Crewmembers’ Statement describing through the narration of several crewmembers, Dennis’ demeanor and actuations a few days and moments before the incident. It reads: According to all present, the behavior of Mr. Siador in the last few days was different from his previous one. - On June 24th[,] Mr. Siador was together with Mr. Canones at the swimming pool and he was telling him some strange things about the future, Jesus, Angels, some visions/predictions that he have. He stated that he will write with his finger something on Mr. [Canones’] back and on the swimming pool bulkhead. His writing will be guided by Jesus. On June 25th, Mr. Siador wrote and draw some unclear messages on two paper napkins and handed them to Mr. Canones. Again he stated his hand is guided by Jesus. These napkins are available for closer look. - He confided with Mr. Nobleza that there is a gap between him and his father. Yesterday[,] he ‘predicted’ the future of Mr. Nobleza. - Today[, at] around 1340 LT[,] Mr. Dela Cruz spotted from the main deck Mr. Siador on the swimming pool deck. Mr. Siador was half naked and holding something in his hands. Mr. Dela Cruz called him but he just elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57997 7/13