BAHIA SHIPPING SERVICES, INC., FRED OLSEN CRUISE LINE, and MS. CYNTHIA C. MENDOZA vs. JOEL P. HIPE, JR., G.R. No. 204699, November 12, 2014
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To justify the grant of the extraordinary remedy of certiorari, the petitioner must satisfactorily show that the court or quasi-judicial authority gravely abused the discretion conferred upon it. Grave abuse of discretion connotes a capricious and whimsical exercise of judgment, done in a despotic manner by reason of passion or personal hostility, the character of which being so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act all in contemplation of law.64
In labor disputes, grave abuse of discretion may be ascribed to the NLRC when, inter alia, its findings and conclusions are not supported by substantial evidence,65 or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.66 The onus probandi falls on the seafarer to establish his claim for disability benefits by the requisite quantum of evidence to justify the grant of relief.67
Guided by the foregoing considerations, the Court finds that the CA committed reversible error in granting Hipe’s certiorari petition since the NLRC did not gravely abuse its discretion in dismissing the complaint for permanent disability benefits for Hipe’s failure to establish his claim through substantial evidence.
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