4/15/2021 E-Library - Information At Your Fingertips: Printer Friendly different tribunals.[95] The Manifestation with Opposition, being a second motion for reconsideration, and the Reiterative Motion, being technically a third motion for reconsideration, their filing thereof are prohibited under Section 2,[96] Rule 52 of the Rules of Civil Procedure. Being prohibited pleadings, they are regarded as mere scrap of paper that do not deserve any consideration and do not have any legal effect.[97] In addition, the Reiterative Motion is no longer within the Panel's competence to decide. It must be taken into account that when respondents filed the same, they had already filed their petition for review before the CA,[98] and the CA had in fact acted upon it by requiring the petitioner to file her comment thereon.[99] Hence, the Panel had lost its jurisdiction over the case at this stage, and therefore, it can no longer afford any kind of relief to the respondents. For these reasons, there can clearly be no forum shopping in this case. Suicide had been duly established A careful review of the records would show that suicide had been indubitably established. As aptly ruled by the CA: The signed statements of Manuel's co-workers who were with him on the vessel on that fateful day allow Us to reconstruct with clarity the events leading to his death. Rather than being hazy, unequivocal, and noncommittal, they were detailed, categorical, and certain, having been based on their actual experiences on the day Manuel died and with their personal interactions with the deceased. More importantly, We have found no fatal inconsistency that would warrant a different conclusion, that there was a cover-up of another cause of death, or that there was motive for all of Manuel’s co-workers to lie about the death of their fellow seaman. A number of them even found him to be a nice and quiet person who prefers spending time alone. Relevantly, judging from the noticeable variations in handwriting, writing styles, and the content of the narratives of Manuel's co-employees, We can only find their statements to have been executed voluntarily and willfully. Particularly even more credible are the detailed reports of the ship's Chief Officer and the Chief Engineer executed on 9 October 2013. The Chief Officer's Report was even signed and witnessed by crew members. There is thus every reason to seriously consider and believe all their signed statements. To elaborate, Manuel's co-workers commonly agreed that Manuel did not report to work on 7 October 2013; that he had shut himself inside the gymnasium; that having been informed [of] Manuel's behavior, the master of the ship called for a meeting to inform everyone of the developments; that while everyone was gathering, Manuel moved from the gymnasium into the hospital. His co-workers then narrated that while Manuel was locked in the hospital room, some of them talked to him through the telephone, which included https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/66237 21/37

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