FIRST DIVISION
[G.R. No. 237191. April 23, 2018.]
BOB P. BAUTISTA, petitioner,vs. DOLPHIN SHIP MANAGEMENT, INC., CARISBROKE SHIPPING LIMITED AND CAPT. MARCELO R. RANESES, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: AScHCD
"G.R. No. 237191 — Bob P. Bautista v. Dolphin Ship Management, Inc., Carisbroke Shipping Limited and Capt. Marcelo R. Raneses
The Court hereby resolves to GRANT the Motion for Extension filed by petitioner seeking an additional period of 15 days from the expiration of the reglementary period within which to file his Petition for Review on Certiorari.
Considering the allegations, issues, and arguments adduced in the instant Petition for Review on Certiorari of the October 18, 2017 Decision and January 26, 2018 Resolution of the Court of Appeals (CA) in CA G.R. SP No. 148553, the Court resolves to DENY the Petition for failure to show that the CA committed any reversible error in issuing the said assailed Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
A careful consideration of the Petition further indicates petitioner's failure to show any cogent reason why the actions of the Labor Arbiter, the National Labor Relations Commission (NLRC) and the CA, which have passed upon the same issues raised in the present Petition, should be reversed or set aside. Petitioner failed to show that their factual findings were not based on substantial evidence or that their decisions were contrary to applicable law and jurisprudence.
As correctly held by the CA, petitioner failed to present substantial evidence that he was totally and permanently disabled and therefore entitled to disability benefits. He did not even bother to submit evidence that would controvert the fit to work clearance by the company-designated physician. Even his own doctor did not issue any medical assessment that he is totally and permanently disabled. Time and again, the Court has held that the seafarer has the burden to establish his claim for disability benefits with the right quantum of evidence, for such claims cannot rest on mere speculations, presumptions and conjectures. 1
ACCORDINGLY, the Court resolves to AFFIRM the assailed October 18, 2017 Decision and January 26, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 148553. AcICHD
SO ORDERED."Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Cagatin v. Magsaysay Maritime Corp., 761 Phil. 64, 79-80 (2015).