5/28/2020
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Court agrees with the findings of the LA and his judgment to give weight and credence
to the evidence submitted by the petitioners proving that Hernani committed suicide.
Anent the suicide notes left by Hernani to his wife and to the vessel's crew, the CA did
not appreciate the notes due to the petitioner's alleged failure to prove that the notes
were written by Hernani. On their part, the respondents alleged that since the original
copies of the notes were not presented, but mere photocopies, the same should not be
considered by the Court. We cannot find merit in respondents' protestations against the
documentary evidence submitted by petitioners because they were mere photocopies.
It is settled that proceedings before the NLRC are not covered by the technical rules of
evidence and procedure as observed in the regular courts.[20] The LA and the NLRC are
directed to use every and all reasonable means to ascertain the facts in each case
speedily and objectively, without regard to technicalities of law and procedure all in the
interest of substantial justice.[21] In this light, the LA need not resort to the technical
rules of evidence, in order to ascertain whether the notes were written by Hernani. In
the present case, the LA found that:
x x x The handwriting and the terminologies used in the suicide notes
(Annex “1” and “2” of respondents’ reply) and that presented by the
complainants as Annex “D” of their position paper are identical which would
lead to the conclusion that the author of both are [one and] the same. Mr.
Pedrajas wrote two suicide notes where he admitted his participations as a
lookout in the operation in Spain and implicated Deck Boy Harder who
eventually confessed as to his participation in the operations and eventually
led the Italian authorities to where the other cocaine [were] being hidden
on-board the vessel. x x x [22]
Since the Labor Arbiter had, after comparing the suicide notes and the letters
presented by the respondents, concluded and determined that the letters were of the
handwriting of Hernani, the CA should have considered these pieces of evidence, in
determining whether Hernani committed suicide, as it explained the reason why
Hernani took his life. Further, the petitioners were able to explain why the original
copies of the documents were not presented during the proceedings before the LA. The
reason for its non-production is that the notes were in the possession of the Italian
Authorities as part of the evidence in their investigation and will not be released until
such time as a final determination in said proceedings is made.[23] Petitioners' failure
to submit the original copy of the suicide notes is, thus, not a ground for disregarding
such note.
Moreover, the credibility and authenticity of Hernani's suicide notes are also beyond
doubt. In fact, the statements contained in the notes led to the investigation and
arrest of Deck Boy Harder, who confessed as to his participation in the drug operations
which eventually led the Italian authorities to where the remaining cocaine and
proceeds thereof were being hidden on-board the vessel. Since the information in the
notes proved to be informative and useful to the Italian authorities, it would only lend
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