FIRST DIVISION
[G.R. No. 239512. August 15, 2018.]
HEIRS OF THE LATE JERSID F. COLINDRES, REP. BY MRS. MARY ANN A. COLINDRES, petitioner, vs.ELBURG SHIPMANAGEMENT PHILS., INC., ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 15, 2018which reads as follows:
"G.R. No. 239512(Heirs of the late Jersid F. Colindres, rep. by Mrs. Mary Ann A. Colindres v. Elburg Shipmanagement Phils., Inc., et al.). — The motion for extension of time to file petition for review on certiorari is GRANTED.
After review, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its ruling. The CA is correct in upholding the finding of the National Labor Relations Commission (NLRC) and the Labor Arbiter that petitioner is not entitled to any of the claims due to her failure to present sufficient evidence to show that Jersid F. Colindres' illness was work-related. Notwithstanding the disputable presumption in favor of a seafarer that an illness is work-related, work-relatedness must still be proved by the claimant by substantial evidence on due process grounds. 1 Further, factual findings of quasi-judicial bodies, like the NLRC, are accorded with respect, even finality, if supported by substantial evidence. Particularly when passed upon and upheld by the CA, they are binding and conclusive upon this Court and will not be disturbed absent circumstances which warrant application of the exceptions, as in this case. 2
WHEREFORE, the petition is DENIED. The Decision dated February 28, 2018 and Resolution dated May 21, 2018 of the Court of Appeals in CA-G.R. SP No. 153109 are AFFIRMED.
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. See De Leon v. Maunlad Trans., Inc., G.R. No. 215293, February 8, 2017, 817 SCRA 263, 272.
2.Philippine Spring Water Resources, Inc. v. Court of Appeals, G.R. No. 205278, June 11, 2014, 726 SCRA 343, 359.