5/28/2020
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Chief Officer Bejada claimed that when he checked the incinerator room, no
sign of any explosion having occurred xxx. He also noticed that [Moradas]
had patches of green paint on his arms and body and there was a green
paint tin nearby.
Between the claim of [Moradas] and the self-serving testimony of Chief
Officer Bejada, we find [Moradas] to be more credible and convincing. The
green paint on his arms and body is consistent with [Moradas] assertion that
some chemicals splashed all over his body. Whereas, other than the Chief
Officer Bejada's denial, no other evidence was presented to prove that there
was no such explosion.[27]
After finding the lack of causal connection between the alleged acts of pilfering and
sabotaging the ship, on one hand, and a self-inflicted injury, on the other hand, theCA
then raised doubts as to Moradas' complicity in the flooding of the engine room.
Too, the presence of [Moradas] in the vicinity of the engine room is not
sufficient to warrant a conclusion that he was the one who caused the flood
in that room. It should be noted that the flood occurred because the valve of
the port sea chest was open. The possibility that someone negligently left it
open or intentionally opened it is not remote.
Likewise, no evidence was presented to show that [Moradas] had no
business to be within the premises or near the engine room or inside the
engine room itself. His presence in the area is not sufficient to impute
suspicion that the entire engine room was flooded with water because of
him. On the contrary, [Moradas] had every right to be at the engine
room[.][28]
The question that invites scrutiny is whether the LA and the NLRC's conclusion (that
Moradas' acts of allegedly pilfering and causing the flood in the engine room
prompted him to commit an act of sabotage which backfired into his own burning)
is by itself an adequate conclusion of a reasonable mind. According to the ponencia, it
is not contrary to human experience or logic for a spumed man to resort to tactics of
desperation, however ludicrous or extreme those tactics may be, as in this case.
I am completely at a loss on how the ponencia could have disagreed with the CA. In
the natural order of things, man follows the instinct of self-preservation. The
Court may take judicial notice of the fact that our seafarers endure the hardships of sea
work not only for their own survival, but of the family or families they left behind.
Hence, the conclusion that one not only injured himself but actually willfully set himself
ablaze must stand out from the evidence presented.
As the CA did, I do not see any logical or causal connection between the
charges of stealing and the acts of sabotage, on one hand, and the selfelibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/56605
21/31
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