This case has been cited 1 times or more.
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2013-06-03 |
BRION, J. |
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| The absence of a medical report or certification of Nazal's ailments and disability only signifies that his post-employment medical examination did not take place as claimed. We thus cannot accept the NLRC reasoning that the absence of a medical report does not mean that Nazal was not examined by the company-designated physician as the medical reports are normally in the custody of the manning agency and not with the seaman. In UST Faculty Union v. University of Santo Tomas,[30] the Court declared: "a party alleging a critical fact must support his allegation with substantial evidence. Any decision based on unsubstantiated allegation cannot stand as it will offend due process." | |||||