G.R. No. 178127 http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178127.htm The aforequoted handwritten resignation, the terms and conditions of which are very clear and explicit that he is quitting his job and even executed a promissory note to pay the amount of P23,184.90 representing the balance of his repatriation and his replacements expenses. Further, complainant-appellee (respondent) even signed the Statement of Account after he signed-off from the vessel on August 02, 2000. The same shows the balance due Virjen Shipping Corporation which apparently may be construed that complainant-appellee knew from the beginning that he is liable for his and his replacement transportation because he pre-terminated his employment contract. (Underscoring supplied) On respondents petition for certiorari, the Court of Appeals reversed the NLRC Decision in light of the observation that respondents hypertension probably developed while on board the vessel, viz: Thus, We are constrained to declare compensability primarily because evidence points that petitioners hypertension was probably developed while on board the vessel. After all, strict rules of evidence are not applicable in claims for compensation. In fact, in NFD International Manning Agents, Inc. vs. NLRC, the High Court held that probability and not the ultimate [8] degree of certainty is the test of proof in compensation proceedings. (Citations omitted, italics in the original, emphasis and underscoring supplied) The appellate court thus disposed: WHEREFORE, the petition is GRANTED. The assailed NLRC Decision is hereby NULLIFIED and the Labor Arbiter Decision REINSTATED with the MODIFICATION that the name Engr. Emilio Santiago and the rest of the corporate officers are ordered deleted from its dispositive portion. SO ORDERED. [9] (Emphasis in the original; underscoring supplied) Hence, the present petition, petitioners positing the following arguments: 1. . That there is no disharmony between the factual findings of the Labor Arbiter and those of the NLRC. The findings of the NLRC are more in accord with the evidence presented in the proceedings. 2. That private respondents resignation letter was voluntary and made upon 5 of 13 1/27/2016 2:14 PM