5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly b. The present case and the CA's finding that the NLRC gravely abused its discretion ultimately for lack of substantial evidence For emphasis, the ponencia could not have reached its conclusion that the NLRC did not commit grave abuse of discretion if the correct standard of review was used at the outset. At this point, my disagreement is mainly with the unreasonableness resulting from the unbridled power of review under the legal framework it adopted - of the ponencia 's holding that the CA legally erred in finding that the NLRC gravely abused its discretion. To recall, the CA found that the NLRC gravely abused its discretion in dismissing Moradas' complaint on the basis of the following: We tried to link these two incidents alluded to by the NLRC over its findings and that of the labor arbiter that [Moradas] wilfully burned himself. But we found no logical and causal connection between the act of pilferage and the act of causing the flood in the engine room sufficient to make a conclusion that [Moradasl wilfully burned himself. Human nature and common experience dictate that no person in his right mind would wilfully burn himself. Only a person of unsound mind would resort to this horrible act. The moral and legal and presumption is that every person is presumed to be of sound mind. xxxx x x x While it may be true that [Moradas] did not smoke, it is not a gauge and a determining factor to adequately sustain a conclusion that he used the cigarette lighter in burning himself. He must be out of his mind in doing so. Even the presence of the lighter near the place where [Moradas] was burned was not enough to justify the conclusion that he intentionally burned himself. It is not incredible to find the lighter within the vicinity of the incident because it is probable that it fell during petitioner's struggle when he was caught by fire. It is significant to note that the location of the burns on the different parts of his body is inconsistent with the allegation of self inflicted injury. On the contrary, the location of the burns conforms with [Moradas'] assertion that certain chemicals splashed all over his body while he was disposing garbage in the incinerator room. The deep burn area was distributed over his left upper limb, right hand, left flank and both thighs as found by the Burns Unit of the Prince of Wales Hospital xxxx elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605 20/31