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the NLRC decision challenged before it.[17]
emphasis supplied)
(citations omitted; italics and
Accordingly, we do not re-examine conflicting evidence, re-evaluate the credibility of
witnesses, or substitute the findings of fact of the NLRC, an administrative body that
has expertise in its specialized field.[18] Nor do we substitute our “own judgment for
that of the tribunal in determining where the weight of evidence lies or what evidence
is credible.”[19] The factual findings of the NLRC, when affirmed by the CA, are
generally conclusive on this Court.[20]
Nevertheless, there are exceptional cases where we, in the exercise of our discretionary
appellate jurisdiction, may be urged to look into factual issues raised in a Rule 45
petition. For instance, when the petitioner persuasively alleges that there is insufficient
or insubstantial evidence on record to support the factual findings of the tribunal or
court a quo,[21] as Section 5, Rule 133 of the Rules of Court states in express terms
that in cases filed before administrative or quasi-judicial bodies, a fact may be deemed
established only if supported by substantial evidence.[22]
The petition specifically questions two factual findings made below: First, that Serna’s
illness was acquired during the term of his employment contract; and second, that he
duly presented himself to Career Phils. for a post-employment medical examination.[23]
Work-relatedness of illness is
irrelevant to the 1996 POEA-SEC
We dismiss at the outset the petitioners’ contention on the causal connection between
Serna’s illness and the work for which he was contracted. In support, they cite “The
World Book Illustrated Home Medical Encyclopedia,” particularly its 1984 Revised Print,
in stating that the causes of toxic goiter or thyrotoxicosis are unknown.[24]
The causal connection the petitioners cite is a factual question that we cannot touch in
Rule 45.[25] The factual question is also irrelevant to the 1996 POEA-SEC. In Remigio
v. National Labor Relations Commission,[26] we expressly declared that illnesses need
not be shown to be work-related to be compensable under the 1996 POEA-SEC, which
covers all injuries or illnesses occurring in the lifetime of the employment contract. We
contrast this with the 2000 POEA-SEC[27] which lists the compensable occupational
diseases. Even granting that work-relatedness may be considered in this case, we fail
to see, too, how the idiopathic character of toxic goiter and/or thyrotoxicosis excuses
the petitioners, since it does not negate the probability, indeed the possibility, that
Serna’s toxic goiter was caused by the undisputed work conditions in the petitioners’
chemical tankers.
Substantial evidence exists that
Serna acquired his illness during
his employment
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