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sickness allowance based on flimsy evidence and/ or even in the face of an unjustified
non-compliance with the mandatory reporting requirement under the POEA
[Contract].”[45] “Liberal construction is not a license to disregard the evidence[, or lack
thereof] on record; or to misapply [the] laws.”[46] While we sympathize with Victor’s
plight, the Court is constrained to deny his claims for disability benefits absent
substantial evidence on record to justify such grant.
WHEREFORE, premises considered, the Petition is GRANTED and the assailed
November 29, 2007 Decision of the Court of Appeals in CA-G.R. SP No. 90374 is,
accordingly, REVERSED and SET ASIDE.
In lieu thereof, another is entered
REINSTATING the Decision dated July 30, 2004 of the National Labor Relations
Commission which, in turn, affirmed the Decision dated November 28, 2003 of the
Labor Arbiter.
SO ORDERED.
Carpio, (Chairperson), Brion, and Villarama, Jr.,*JJ., concur.
Leonen, J., seee separate concurring opinion.
* Per Special Order No. 1767 dated August 27, 2014.
[1] Cootauco v. MMS Phil. Maritime Services, Inc., G.R. No. 184722, March 15, 2010,
615 SCRA 529, 545.
[2] Rollo, pp. 3-24.
[3] CA rollo, pp. 218-232; penned by Associate Justice Enrico A. Lanzanas and
concurred in by Associate Justices Remedios Salazar-Fernando and Rosalinda AsuncionVicente.
[4] NLRC records, pp. 171-180; penned by Presiding Commissioner Roy V. Señeres and
concurred in by Commissioners Ernesto S. Dinopol and Romeo L. Go.
[5] Id. at 81-88; penned by Labor Arbiter Edgardo M. Madriaga.
[6] Id. at 1.
[7] CA rollo, pp. 275-276.
[8] Id. at 236-245.
[9] Victor’s Position Paper, NLRC records, p. 14.
[10] Id. at 52.
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