5/28/2020
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issue best left to the labor tribunals which are deemed to have mastery over the
subject matter.
As found by both the NLRC and the Labor Arbiter, Sunga’s injury was the result of the
accidental slippage in the handling of the 200-kilogram globe valve which triggered
Sunga’s back pain;[18] the weight of the globe valve, coupled with the abruptness of
the fall, explain why the injury was so severe as to render Sunga immobile.[19] While
indeed Sunga had not explained in the request for repatriation the proximate cause of
the injury, there was enough circumstantial evidence to substantiate the claim. We
have held that circumstantial evidence is founded on experience, observed facts and
coincidences establishing a connection between the known and proven facts and the
facts sought to be proved.[20]
At any rate, this issue had already been resolved in the proceedings before the labor
tribunals. Virjen failed to deny the facts as narrated by Sunga in his pleadings.[21] The
CA, too, was conclusive in its ruling regarding the incident and merely discussed what
matters shall constitute as an accident.[22]
Findings of fact of the Court of Appeals, particularly where it is in absolute agreement
with that of the NLRC and the Labor Arbiter, are accorded not only respect but even
finality and are deemed binding upon this Court so long as they are supported by
substantial evidence.[23]
Thus, the basic issue left for us to resolve is the
determination of whether the CA found grave abuse of discretion whose correction
called for the consideration of the incident at the MT Sunway vessel as an accident.
As defined in Black's Law Dictionary,[24] "accident," is "[a]n unintended and unforeseen
injurious occurrence; something that does not occur in the usual course of events or
that could not be reasonably anticipated, x x x [a]n unforeseen and injurious
occurrence not attributable to mistake, negligence, neglect or misconduct." Similarly,
the Philippine Law Dictionary[25] defines the word “accident" as "[t]hat which happens
by chance or fortuitously, without intention and design, and which is unexpected,
unusual and unforeseen.”
In deciding this case, we are not unaware of the doctrine discussed in the case of NFD
International Manning Agents, Inc. v. Illescas,[26] where the employee, Esmeraldo
Illescas (Illescas), also a seafarer, was ordered to carry 25 fire hydrant caps from the
deck to the engine workshop, then back to the deck to refit the caps. While carrying a
heavy basketful of fire hydrant caps, Illescas felt a sudden snap on his back, with pain
that radiated down to the left side of his hips. He immediately informed the ship
captain about his condition, and was advised to take pain relievers. As the pain was
initially tolerable, he continued with his work. After a few days, the pain became
severe, and Illescas suffered difficulty in walking.
Illescas also claimed for the more favorable disability benefits stated in the CBA, as
opposed to the benefits being offered by the POEA Standard Employment Contract for
Seafarers. But the Court denied his claim, ruling that the snap on the back of Illescas
was not an accident but an injury sustained from carrying the heavy basketful of fire
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