Republic of the Philippines
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 151993 October 19, 2011
MARITIME FACTORS INC., Petitioner,
vs.
BIENVENIDO R. HINDANG, Respondent.
D E C I S I O N
PERALTA, J.:
Assailed in this petition for review on certiorari are the Decision1 dated November 28, 2001 and the Resolution2 dated January 29, 2002, of the Court of Appeals (CA) in CA-G.R. SP No. 57478.
The antecedent facts are as follows:
On June 10, 1994, petitioner Maritime Factors Inc., a domestic manning agency, for and in behalf of its foreign principal Bahrain Marine Contracting/Panama, engaged the services of Danilo R. Hindang (Danilo) to work as GP/Deckhand on board the M/T "Reya," a Panamanian-registered ocean-going vessel. Danilo's contract of employment was for a period of 12 months with a basic monthly salary of US$230.00.3
On July 27, 1994, while within the territorial jurisdiction of the Kingdom of Saudi Arabia and on board the vessel, Chief Mate Marcial Lauron, Jr., AB Jaime Aguinaldo and Oiler Allan P. Sarabia forced open Danilo's cabin door by taking out the screws on the door lock with a screw driver. They found Danilo's body inside the locker (wardrobe) of his cabin.4 Danilo was found hanging by a strap on his neck in a kneeling position.5 Upon arriving at West Pier, Ras Tanurah, they turned over Danilo's body to the Saudi police authorities, who then brought the body to Dr. Ossman Abdel Hameed, the Medical Examiner of the Eastern Region, Kingdom of Saudi Arabia. It was alleged that Dr. Hameed conducted an autopsy on Danilo's remains and concluded that Danilo committed suicide by hanging himself.6
Danilo's remains were repatriated to the Philippines where an autopsy was requested by Danilo's family. The autopsy was conducted by Dr. Maximo L. Reyes, a Medico-Legal Officer of the National Bureau of Investigation (NBI) and concluded that the cause of Danilo's death was Asphyxia by Strangulation, Ligature.7 Dr. Reyes subsequently issued a Certification8 dated December 27, 1994 clarifying that Danilo died of Asphyxia by strangulation which meant that somebody caused his death based on his autopsy findings.
On August 24, 1994, respondent Bienvenido R. Hindang, brother of the deceased seaman Danilo, filed for death compensation benefits pursuant to the POEA Standard Employment Contract Governing the Employment of All Filipino Seamen on Board Ocean-Going Vessels. The case was docketed as POEA Case No. 94-08-2599.9 Since efforts to settle the case amicably proved futile, the Labor Arbiter (LA) directed the parties to submit their respective position papers.
Petitioner filed its Position Paper claiming that based on Dr. Hameed's medical jurisprudence report, Danilo committed suicide by hanging himself; thus, his death is not compensable. Petitioner submitted a photocopy of the fax transmission of a purported English translation of a 4-page medical jurisprudence report of Dr. Hameed where the latter stated that the cause of Danilo's death was suicide by hanging himself. Petitioner also submitted the written report dated September 21, 1994 of Danilo's fellow crew members stating that Danilo's cabin door was locked, thus, they forced open it and found Danilo inside the locker room hanging by his neck in a kneeling position.
In his Position Paper, respondent contended that the NBI autopsy report categorically declared that the cause of Danilo's death was Asphyxia by strangulation, ligature; that the alleged Dr. Hameed's medical report cannot be given legal effect, since the report was a mere photocopy of a fax transmission from petitioner's foreign principal, hence, the document was unreliable as to its due execution and genuineness.
On November 29, 1996, the LA rendered its decision,10 the decretal portion of which reads:
WHEREFORE, premises considered, judgment is hereby rendered ordering respondent Maritime Factors, Inc. and/or its foreign employer Bahrain Marine Contracting/PANAMA to jointly and severally pay Danilo Hindang's death benefits through his next of kin Bienvenido R. Hindang, pursuant to the POEA Standard Contract for Seafarers, in the amount of US$50,000.00 or at its Philippine Currency equivalent at the exchange rate prevailing during the time of payment.11
The LA found that Danilo did not commit suicide, thus, the claim for his death benefit must prosper. It found, among others, that the NBI autopsy report concluding that Danilo died of Asphyxia by strangulation should be given credence as against petitioner's evidence which consisted of a mere photocopy of the fax transmission of the alleged medical jurisprudence report of Dr. Hameed; that the medical report was unreliable, since its genuineness and due execution could not be verified especially so that the report was purportedly prepared by a foreign government officer; and that under the POEA Standard Employment Contract for Filipino Seamen, the burden of proof to prove non-compensability of the death of the seaman is on the employer which petitioner failed to discharge. The LA also found that there was no proof submitted that Danilo had been observed to be losing his mind as to kill himself.
Petitioner filed its Memorandum of Appeal12 with the National Labor Relations Commission (NLRC).
On August 18, 1998, the NLRC rendered a Resolution13 which affirmed in toto the LA decision.
Petitioner's motion for reconsideration was also denied in a Resolution14 dated December 8, 1999.
Petitioner filed with the CA a petition for certiorari under Rule 65 assailing the NLRC resolutions for having been issued with grave abuse of discretion. Respondent filed his Comment, while the petitioner its Rejoinder thereto.
In a Decision dated November 28, 2001, the CA denied the petition and affirmed the NLRC resolutions.
The CA found that respondent through the NBI autopsy report and the certification issued by the medico-legal officer, Dr. Reyes, was able to prove that Danilo died of Asphyxia by strangulation, thus, the burden was shifted to petitioner to prove that Danilo committed suicide. However, petitioner failed to do so since its evidence consisted merely of a photocopy of the fax transmission of the alleged English-translated medical report of Dr. Hameed; and such report cannot be verified as to its genuineness and due execution in our jurisdiction. Therefore, as between the independent report of the NBI and the mere photocopy of the alleged medical report of Dr. Hameed, the former therefore prevailed and should be given full credence.
The CA did not also give much credence to the written report dated September 21, 1994 of Danilo's fellow crew members since the circumstances stated in the report did not at all prove that Danilo committed suicide.
The CA brushed aside petitioner's claim that respondent failed to prove that he is related to Danilo. It found that petitioner had admitted in its Answer to the Complaint that respondent is a brother of Danilo; and that the issue that respondent is not related to Danilo was only raised for the first time in the CA.
Hence, this petition wherein petitioner raises the following assignment of errors, to wit:
THE HONORABLE COURT OF APPEALS GRIEVOUSLY [ERRED] WHEN IT TOTALLY DISREGARDED THE MEDICAL JURISPRUDENCE REPORT OF THE SAUDI ARABIAN DOCTOR WHO CONDUCTED AN ACTUAL EXAMINATION OF THE CADAVER AND OCULAR INSPECTION OF THE PLACE WHERE THE DECEASED WAS FOUND ON THE LAME [EXCUSE] THAT THE SAME WERE MERE PHOTOCOPIES OF THE FAX TRANSMISSIONS FROM THE PETITIONER'S FOREIGN PRINCIPAL.
THE HONORABLE COURT OF APPEALS ERRED WHEN IT MADE A FACTUAL CONCLUSION THAT IS NOT BORNE OUT BY THE RECORD BUT GROUNDED ENTIRELY ON SPECULATIONS, SURMISES OR CONJECTURE.
THE HONORABLE COURT OF APPEALS ERRED WHEN IT RULED THAT THE RESPONDENT IS THE BROTHER OF THE DECEASED DESPITE THE UTTER LACK OF BASIS TO SUBSTANTIATE THE RELATIONSHIP.15
Petitioner claims that Danilo's death is not compensable, since he committed suicide; that the photocopy of the facsimile transmission of the purported 4-page medical report of Dr. Hameed, which supported petitioner's claim, should have been admitted notwithstanding that the same was a mere photocopy since the original document is in a foreign country; and that administrative and quasi-judicial bodies like the NLRC are not bound by technical rules of procedure in the adjudication of cases. Petitioner argues that the written report dated September 21, 1994, signed by Danilo's fellow crew members, should have also been considered in the resolution of this case.
The main issue for resolution is whether Danilo committed suicide during the term of his employment contract which would exempt petitioner from paying Danilo's death compensation benefits to his beneficiaries.
Elementary is the principle that this Court is not a trier of facts. Judicial review of labor cases does not go beyond the evaluation of the sufficiency of the evidence upon which its labor officials’ findings rest.16 As such, the findings of fact and conclusion of the NLRC are generally accorded not only great weight and respect but even clothed with finality and deemed binding on this Court as long as they are supported by substantial evidence.17 This is because it is not the function of this Court to analyze or weigh all over again the evidence already considered in the proceedings below; or reevaluate the credibility of witnesses; or substitute the findings of fact of an administrative tribunal which has expertise in its special field.18 In this case, we adopt the factual findings of the LA, as affirmed by the NLRC and the CA, as the same was duly supported by substantial evidence.
Under Part II, Section C, Nos. 1 and 6 of the POEA "Standard Employment Contract Governing the Employment of All Filipino Seamen on Board Ocean-Going Vessels,"19 it is provided that:
1. In case of death of the seaman during the term of this Contract, the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of U.S.$50,000.00 and an additional amount of U.S.$7,000.00 to each child under the age of twenty-one (21) but not exceeding four children at the exchange rate prevailing during the time of payment.20
x x x x
6. No compensation shall be payable in respect of any injury, incapacity, disability or death resulting from a willful act on his own life by the seaman, provided, however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to him.21
In order to avail of death benefits, the death of the employee should occur during the effectivity of the employment contract. The death of a seaman during the term of employment makes the employer liable to his heirs for death compensation benefits. Once it is established that the seaman died during the effectivity of his employment contract, the employer is liable.22 This rule, however, is not absolute. The employer may be exempt from liability if he can successfully prove that the seaman's death was caused by an injury directly attributable to his deliberate or willful act.23 Clearly, respondent's entitlement to any death benefit depends on whether petitioner's evidence suffices to prove that Danilo committed suicide, and the burden of proof rests on petitioner.24
The LA, the NLRC and the CA found that Danilo died of Asphyxia by strangulation as proved by the NBI post-mortem findings and certification issued by the medico-legal officer, Dr. Reyes. These three tribunals did not consider the photocopy of the fax transmission of the purported English translation of Dr. Hameed's medical report to prove that Danilo committed suicide, since the medical report's genuineness and due execution were unverifiable.
We agree.
Notably, petitioner stated in all its pleadings filed that the medical report is the English translation of Dr. Hameed's report. However, the existence of the original medical report, which was written in the arabic language, was not even attached to the records and has not been proved.25
Moreover, the identity of the person who made the translation and whether the translator has the recognized competence in both English and the language the medical report was originally written are not established.26 Thus, there is no clear assurance that the translated words are the accurate translation of the original medical report of Dr. Hameed.
More importantly, the alleged translated medical report was not even signed by Dr. Hameed which creates doubt as to its authenticity. The unsigned translated medical report is nothing but a self-serving document which ought to be treated as a mere scrap of paper devoid of any evidentiary value even in administrative proceedings.
Thus, based on the foregoing, the photocopy of the fax transmission of an alleged translated medical report was correctly denied consideration, since it is required that there be some proof of authenticity or reliability as condition for the admission of documents.27
In Uichico v. NLRC,28 we said:
x x x It is true that administrative and quasi-judicial bodies like the NLRC are not bound by the technical rules of procedure in the adjudication of cases. However, this procedural rule should not be construed as a license to disregard certain fundamental evidentiary rules. While the rules of evidence prevailing in the courts of law or equity are not controlling in proceedings before the NLRC, the evidence presented before it must at least have a modicum of admissibility for it to be given some probative value x x x29
Petitioner argues that the CA should have given credence to its other documentary evidence which consist of the written report of Danilo's fellow crew members which we hereby quote in full:
September 21, 1994
TO: MARITIME FACTORS, INC.
FROM: CREWS "REYA"
July 27, 1994 about the incident Chief Mate, Oiler, Jaime Aguinaldo forced to opened (sic) the door, the key still inside the key hole, (sic) we take (sic) out the screws on the door lock with screw driver then when the door opened found nothing, but when I opened the locker D. Hindang hanging with kneeling position inside with a strap on his neck.
From the job site to West Pier, Ras Tanurah we are steaming for 3 hours sea condition still rough and D. Hindang still same position inside the locker.
All personal belonging (sic) to (sic) the late Danilo Hindang were turn (sic) over to Saudi Police Authorities in Ras Tanurah but I forgot to asked (sic) a copy.
Sgd.
Marcial Lauron, Jr. |
Sgd.
Jaime Aguinaldo |
Sgd.
Allan P. Sarabia |
Ch. Mate AB Oiler30
That such report establishes that there could be no other person except Danilo that went inside the cabin before, during and immediately after the incident.
We are not persuaded.
The report fails to satisfactorily show the circumstances surrounding Danilo's death nor proves that he committed suicide. Thus, said the CA:
x x x [T]here is nothing whatsoever in Annex "L" that would show that the deceased committed suicide, considering that the key to the room was inside the keyhole, and that the keyhole was inside the said room. Certainly, no one can prevent a determined villain from entering the said room while the door was open when the deceased was inside; thus, after the villain strangled the victim to death, he slipped away, closed and locked the door.31
Petitioner next contends that a reading of the NBI post-mortem findings would show that indeed Danilo's death was caused by Asphyxia by hanging and not by strangulation. Petitioner quotes a portion of the NBI findings, to wit:
Interstitial hematoma and hemorrhages involving tissues of the anterior aspect of the neck and both lateral aspects.32
and makes its own interpretation that such findings mean that clotted blood and copious discharge of blood from the blood vessels appeared on the front and side of the neck; that it does not strain one's mind to realize and believe that for a person to die by strangulation with a ligature, all sides of his neck must be compressed to stop the progress of respiration; that once this is done, it necessarily follows that the interstitial hematoma and hemorrhage involving tissues must appear not only on the front and side of the neck but likewise at the back or nape of it; that this circumstance is not obtaining in this case, since only the front and side of the neck, as found by both the Saudi Arabian doctor and the NBI medico-legal examiner, had clotted blood.
We are not persuaded.
In his post-mortem findings, Medico-Legal Officer Dr. Maximo L. Reyes wrote:
POST-MORTEM FINDINGS
x x x x
Interstitial hematoma and hemorrhages involving tissues of the anterior aspect of the neck and both lateral aspects.
Ligature marked practically all over the anterior aspect of the neck with the greatest diameter of 1.5 cm. and smallest of 1.0 cm., the opposite is the back of [the] neck or the nape probably the convergent point but skin and tissues of this area undergoing decomposition as a result of tightening and trauma with areas of hemorrhages still visible.
x x x x
Fracture, two tracheal ring, upper and severance of carotid blood vessels over the left side; fracture of the cornu of the hyoid bone is also noted.
Cause of death: Asphyxia by strangulation, ligature.33
Thus, based on the NBI findings, the front and side of Danilo's neck were not the only portions with clotted blood but his nape as well. We find that petitioner's layman interpretation of the NBI post-mortem findings cannot substitute the medical findings and conclusion made by Dr. Reyes, which was done in the regular performance of his duty as NBI Medico-Legal Officer. In fact, Dr. Reyes even issued a Certification34 that, based on his autopsy findings, the cause of Danilo's death was Asphyxia by strangulation, ligature which deserves full credence in the absence of any expert evidence shown to the contrary. Further, there is no showing that Dr. Reyes has motive to falsify.
Considering the foregoing, we find that the records are bereft of any substantial evidence showing that petitioner employer successfully discharged its burden of proving that Danilo committed suicide so as to evade its liability for death benefits under POEA's Standard Employment Contract for Filipino Seaman.35
Finally, we also find no merit in petitioner's claim that respondent failed to prove or establish his relationship to the deceased seaman.
In Danilo's seafarer information sheet filed with the POEA, he named his mother, Elpedia R. Hindang, as his beneficiary. Elpedia executed a Special Power of Attorney36 dated October 10, 1994, appointing respondent, her son, as her true and lawful attorney-in-fact to perform, among others, the filing of claims relative to the death of her son Danilo while on board the vessel; and to perform any and all acts necessary thereto to accomplish the purpose by which the authority was delegated to respondent. It is, therefore, established that respondent is a brother of the deceased seaman and was appointed by Danilo's beneficiary Elpedia to be the latter's attorney-in-fact in the claim for death compensation benefits.1avvphi1
Moreover, petitioner cannot deny respondent's relationship with Danilo after admitting in its Answer filed with the LA that respondent is the brother of Danilo, thus:
1. That they deny the malicious allegations of Mr. Bienvenido R. Hindang, brother the late Danilo R. Hindang.37
WHEREFORE, the petition is DENIED. The Decision dated November 28, 2001 and the Resolution dated January 29, 2002 of the Court of Appeals are AFFIRMED.
SO ORDERED.
DIOSDADO M. PERALTA
Associate Justice
WE CONCUR:
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson
ROBERTO A. ABAD
Associate Justice |
JOSE CATRAL MENDOZA
Associate Justice |
ESTELA M. PERLAS-BERNABE
Associate Justice
A T T E S T A T I O N
I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.
PRESBITERO J. VELASCO, JR.
Associate Justice
Third Division, Chairperson
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson’s Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court’s Division.
RENATO C. CORONA
Chief Justice
Footnotes
1 Penned by Associate Justice B. A. Adefuin-dela Cruz, with Associate Justices Wenceslao I. Agnir, Jr. and Rebecca de Guia-Salvador, concurring, rollo, pp. 40-45.
2 Id. at 47.
3 Id. at 54.
4 Id. at 55.
5 Id.
6 Id. at 56-59.
7 Id. at 251.
8 Id. at 253.
9 Id. at 60.
10 Id. at 77-85. Per Labor Arbiter Pedro C. Ramos; Docketed as NLRC OCW Case No. RAB-IV-5-547-96-L.
11 Id. at 84-85.
12 Id. at 86-103.
13 Id. at 105-111; Penned by Commissioner Victoriano R. Calaycay, with Presiding Commissioner Raul T. Aquino and Commissioner Angelita A. Gacutan, concurring; Docketed as NLRC NCR CA No. 012186-97.
14 Id. at 120.
15 Id. at 17-18.
16 G & M (Phil.), Inc v. Rivera, G.R. No. 141802, January 29, 2007, 513 SCRA 180, 184.
17 Id., citing Association of Integrated Security Force of Bislig (AISFB-ALU) v. Court of Appeals, G.R. No. 140150, August 22, 2005, 467 SCRA 483.
18 Id.
19 Approved in 1989 and subsequent revisions were made thereafter.
20 Now Section 20 [A], No. 1, Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels which reads:
1. In case of death of the seafarer during the term of his contract, the employer shall pay his beneficiaries the Philippine Currency equivalent to the amount of Fifty Thousand US dollars (US$50,000) and an additional amount of Seven Thousand US dollars (US$7,000) to each child under the age of twenty-one (21) but not exceeding four (4) children, at the exchange rate prevailing during the time of payment.
21 Now Section 20 (D), Revised Standard Employment Terms and Conditions Governing the Employment of Filipino Seafarers on Board Ocean-Going Vessels which also reads:
D. No compensation shall be payable in respect of any injury, incapacity, disability or death of the seafarer resulting from his willful or criminal act, provided, however, that the employer can prove that such injury, incapacity, disability or death is directly attributable to the seafarer.
22 NFD International Manning Agents v. NLRC, G.R. No. 116629, January 16, 1998, 284 SCRA 239, 247.
23 Id.
24 Lapid v. NLRC, G.R. No. 117518, April 29, 1999, 306 SCRA 349, 357.
25 Rules of Court, Rule 132, Sec. 24.
Sec. 24. Proof of official record. - The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.
26 See Pacific Asia Overseas Shipping Corporation v. NLRC, No. L-76595, May 6, 1988, 161 SCRA 122, 135.
27 IBM Philippines, Inc. v. NLRC, 365 Phil. 137, 148 (1999).
28 G.R. No. 121434, June 2, 1997, 273 SCRA 35.
29 Id. at 44-45.
30 Rollo, p. 55.
31 Id. at 44.
32 Id. at 251.
33 Id.
34 Id. at 253.
35 Lapid v. NLRC, supra note 24, at 357.
36 Rollo, p. 256.
37 Id. at 257.
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