4/9/2020
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residual obligations of the employer. On the contrary the evidence adduced by
complainant establishes that the deceased had proceeded to the province.
x x x.
Given all the attending circumstances as confirmed by the documentary
evidence on record, we are convinced, as duly concluded by the Labor Arbiter
that the cause of the seafarer’s death cannot be traced to the burns or injuries
sustained while he was on board the vessel.
Indeed, the complainant has not established a causality between the injury
sustained on board the vessel, and the cause of death.
We assiduously perused the records and conclude that the complainant has
failed to prove that her husband, subsequent to his repatriation, had
experienced and/or manifested the symptoms of tetanus the source of which
could be ascribed to the 3rd degree burns he had suffered on board.
Moreover, the seafarer’s act of proceeding to the province without reporting to
the respondent agency must be deemed as a supervening event that adversely
limits his right or that of his beneficiaries to claim benefits under the contract.
Where, as in this case, the cause of death has not been evidently shown to be
due to the injury suffered on board and during the term of the contract, no
liability can be adjudged against the employers for the subsequent death of the
seafarer.
In so ruling, we simply defer to the basic rule in evidence that each party must
prove his affirmative allegation. While technical rules are not followed in the
NLRC, this does not mean that rules on proving allegations are entirely
dispensed with. Bare allegations are not enough; these must be supported by
substantial evidence at the very least.
Accordingly, complainant’s unsubstantiated allegations that her husband had
manifested and complained of symptoms of tetanus, being wanting in
evidentiary support cannot outweigh and overcome the probative value of the
medical certificates, autopsy findings and medical reports indubitably showing
that the deceased had died of pneumonia.
And, while it may be conceded that pneumonia can be caused by or traced to
tetanus, as what the complainant has attempted to establish, such conclusion
may not be drawn in this case as to render the death compensable, considering
the attendance of the supervening event, and the fact that no such reference to
a possible infection has been made in any of the medical reports that would link
the injuries resulting from the burns, to the actual cause of death.
x x x.[17]
[Underscoring supplied]
Aggrieved by the NLRC Resolution, respondent elevated the case to the CA via a petition for
certiorari under Rule 65 of the Rules of Court alleging grave abuse of discretion on the part
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55408
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