totally in-depth and thorough examination of an applicant’s medical condition. The PEME,
usually cursorily made, determines whether one is “fit to work” at sea or “fit for sea service”; it
does not reveal the real state of health of an applicant.44[44] In the present case, the
worthlessness of the respondents’ PEME for AIDS determination purposes is hardly disputable.
Second, from the causes of AIDS we pointed out above, it appears – in the absence of any record
of blood transfusion while on board – that Eduardo acquired his AIDS through sexual relations
with an infected person and not because of his brief two-month stay on board or of his working
conditions during that period. As discussed above, HIV/AIDS, while communicable, can be
transmitted only under specific conditions. By a process of elimination, Eduardo could have
acquired his AIDS only through sexual transmission – a claim made by the respondents, albeit
through an unsigned report by a foreign nurse who was not available for examination during the
arbitration and whose statement cannot therefore be appreciated as evidence.45[45]
Third, HIV/AIDS is a disease of the immune system that does not progress to the point of
attracting opportunistic infections until the immune system has substantially been weakened by
the progress of the disease. It does not reach this advanced stage in two months’ time as
established medical literature shows. Eduardo did not succumb to the disease and the
opportunistic infections it carried until after two years from the respondents’ discovery of the
disease, and four years after he was tested positive by PROBE.
Based on these considerations, we cannot escape the conclusion that the
petition is without merit and that the CA was correct when it reversed and set aside
the NLRC award of death benefits to the petitioners as heirs of Eduardo. This is a
conclusion that cannot be helped nor swayed by the intent of our laws and
jurisprudence to be read liberally in their application to our overseas Filipino
workers. Liberal construction is not a license to disregard the evidence on record
44[44] See NYK-FIL Ship Management, Inc. v. NLRC, G.R. No. 161104, September 27, 2006,
503 SCRA 595, 609.
45[45] CA rollo, pp. 100-104.
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