5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly In view of the above facts and observations, it is the opinion of the undersigned that HOMICIDE cannot be totally ruled out. This compliance was merely to render an opinion and should not be construed as judgment.[16] From the foregoing, it is more logical to rely on the findings of the Italian Medical examiner. In Maritime Factors, Inc. v. Hindang,[17] the Court gave credence to the medical report made by the Saudi Arabian doctor, who immediately conducted an autopsy on the seafarer's body upon his death. The Court reasoned, thus: We give credence to Dr. Hameed's medical report establishing that Danilo committed suicide by hanging himself. Dr. Hameed conducted the autopsy of Danilo's remains immediately after the latter's death. He saw first-hand the condition of Danilo's body, which upon his examination led him to conclude that Danilo died by hanging himself. His report was comprehensive and more detailed. He, likewise, noted, that there were no signs of violence or resistance, or any external injuries except a very slight and artificial injury of nearly 5 cm among the toes of Danilo's right leg. [18] Here, it should be noted that the Medical Examiner appointed by the Italian Court was not merely limited to the autopsy of the remains of Hernani. The findings of the Italian Medical Examiner were made after he personally and carefully examined the place immediately after the incident. The medical examiner had the luxury of investigating the crime scene, the rope used for hanging, type of knot, temperature and position of the body when found. As aptly found by the LA: Moreover, this Office is more than convinced that the death of the seafarer is due to his hanging himself which would disqualify his heirs from entitlement to death benefits under the POEA Contract and the CBA. The forensic report issued by the Italian authorities proves this fact. In said forensic report issued by the Italian Medical Examiner from the Public Prosecutor's Office, it was found that the (sic) based on the evidence that he personally examined everything points to Mr. Pedrajas hanging himself to commit suicide. As sufficiently argued by the respondents (petitioners herein) the findings of the Medical Examiner appointed by the Italian Court was made after he personally and carefully examined the place of the incident immediately after the body of Mr. Pedrajas was found. x x x[19] Apparent from the foregoing, the report of the Italian Medical Examiner, which stated that Hernani committed suicide is more categorical and definite than the uncertain findings of the PNP Crime Laboratory and the NBI that homicide cannot be totally ruled out. Excerpts from the PNP and NBI reports would disclose that both agencies were unsure if homicide or suicide was the underlying cause of Hernani's death. Hence, the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57383 5/9