5/28/2020
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The logical inconsistency created by the ponencia 's observation is even more
alarming. As observed by Moradas himself, if he indeed soaked his hands in a can full
of thinner, then his hands must have sustained the injuries, if not the most severe
damage. I also find it amusing that Bosun Gile never asked or approached Moradas
after seeing him soak his hands in a can full of thinner considering that, as the
ponencia observed, that act is certainly ludicrous in itself.
The ponencia turned a blind eye on these logical inconsistencies and simply held that
Bosun Giles' claim conforms with that of Chief Officer Bejada. According to Chief Officer
Bejada, he noticed that Moradas had patches of green paint on the arms and body of
his overalls. He also stated that there was an open paint tin nearby that had the same
green color as the marks. on Moradas' overalls; that he ordered an ordinary
seaman to extinguish the fire and close the incinerator doors just before Moradas got
burned; and that he personally "checked the incinerator and found that it contained
cardboard cartons which were intact and unburnt [and that] [t]here was no sign of any
explosion having occurred and the steel plates which made up the incinerator box were
cool to the touch."[32]
The ponencia also explained that the corroborating affidavits of the other crew
members and officers cannot be dismissed as self-serving in the absence
of any
showing that they were lying when they made their statements. The problem
with this explanation is that the other crew members who executed their
own affidavits have no personal knowledge about the burning itself.
With Bosun Gile's statement bearing logical inconsistency with Moradas' own
injury, Chief Officer Bejada's
statement would assume crucial importance in
establishing the petitioners' case of a self-inflicted injury. Chief Officer Bejada's unnotarized written statement establishes the following facts: (i) that he saw Moradas
while burning; and (ii) that there was no fire in the incinerator whose steel plates were
cool to the touch. His bare statements, however, do not in any way prove that
Moradas' injury was self inflicted. The ponencia merely deduced that Moradas
either burned himself or wanted to sabotage the ship. Whichever of these
"deductions, however, have been earlier shown to be logically inconsistent
and
contrary to human nature.
We must not fail to consider that substantiality of evidence depends not only on its
quantitative, but also on its qualitative, aspects.[33] (We have earlier discussed that
the "corroborating affidavits" are immaterial insofar as Moradas' burning itself and
that Bosun Giles'
testimony is too incredible to be believed.) However, the
substantiality of the petitioners' evidence - supposedly through the "circumstantial
evidence," i.e., the smell of Moradas' overalls, the location of the thinner can and
the lighter in relation to the place where Moradas was found burning," and the
borrowing of Chief Officer
Bejada's lighter- supporting
Chief Officer
Bejada's
statements is itself negated by the clear evidence on record. As the CA correctly
observed, "the green paint on [Moradas'] arms and body is consistent with [his]
assertion that some chemicals splashed over all his body."[34]
Even the
location of the thinner hardly adds up to the substantiality required to support
Chief Officer Bejada's statement since the incinerator room is not shown to be far
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605
23/31
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