4/20/2021 E-Library - Information At Your Fingertips: Printer Friendly illness is an interplay of age, hereditary, and dietary factors) why colon cancer is workrelated considering that the "adenomatous polyps in the colon...are usually benign, but some develop into cancer over time." In other words, this Court's ruling that Villamater's colon cancer was probably work-related was due to the result of failing to raise an argument in a timely manner—not due to sufficiency of evidence. As earlier pointed out, the respondents' silence cannot be used in place of substantial evidence as it betrays the basic tenets of due process. The ponencia's resolve to uphold and apply social justice principles in the case at hand is commendable. However, the undersigned merely wishes to voice out his concern in according benefits to a single seafarer in view of social justice at the expense of all other seafarers who are still applying for employment as well as others who still wish for overseas deployment. If the Court decides to indiscriminately apply social justice principles and to follow the jurisprudential path of compensating ailments or deaths with the slightest perceived connection to work despite insufficiency of evidence of a reasonable causal connection, the barriers to entry of employment for Filipino seafarers as well as potential seafarers will eventually become insurmountable. Pre-employment medical examination costs will skyrocket as a result of an exhaustive requirement from employers in order to mitigate their monetary liability of compensating illnesses existing at the time of the execution of employment contracts. More importantly, the Court would be establishing a dangerous precedent if an evidentiary presumption of work-relatedness is considered to be an implication of the general principle of social justice. It would have the effect of dispensing the requirement of satisfying the required quantum of evidence in favor of upholding an interpretative rule used to settle doubts. Finally, no explanation or concrete jurisprudential solution was offered or, at least, discussed by the majority to address the foregoing concern relative to the long-term effect of indiscriminately applying social justice principles despite the fact that current medical science has yet to conclusively show, with reasonable probability, that colon cancer may form, develop and worsen in such a short period of time as 3 to 4 months. As to the finding that Castillon's colon cancer was aggravated by his diet allegedly consisting of fatty foods, the same was only presumed without presentation of any scientific or medical evidence. Thus, while the Court adheres to the principle of liberality in favor of the seafarer in construing the POEA-SEC, it cannot allow claims for compensation based on conjectures and probabilities.[34] IV. An improperly obtained quitclaim will not result in the seafarer's entitlement to full benefits when the death or illness is not work-related. https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66406 31/35