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Social Legislation

Atty. R. Raypon
1st Semester, AY 2014-2015

Facts:
Employees Compensation This is a Motion for Reconsideration filed
by respondent Matilde S. Belo in the 28 October
Commission 1994 Decision of the Supreme Court holding that
government service rendered on a per diem basis
Table of Contents is not creditable in computing the length of
service for retirement purposes. Thus, the orders
of the CSC requiring the GSIS to consider as
Case Page creditable the services of Belo were reversed.
1 GSIS v. CSC, Baradero Belo rendered service as Vice Governor of Capiz.
2 Beronilla v. CSC GSIS likewise filed a Motion for Reconsideration
on the same grounds in behalf of Belo and
3 Cena v. CSC another private respondent Dr. Manuel Baradero,
4 Rabor v. CSC a member of the Sangguniang Bayan of the
5 Profeta v. Drilon Municipality of La Castellana, Negros Occidental.
6 Santiago v. COA
Issue:
7 Raro v. ECC Whether regular government service on a per
8 Iloilo Dock v. WCC diem basis, without any other form of
9 Belarmino v. ECC compensation or emolument, is compensation
within the contemplation of the term service with
10 Alano v. ECC
compensation under the GSIS law.
11 Lazo v. ECC
12 Enao v. ECC Held:
13 Menez v. ECC YES. (Motion was granted)
The Court reconsidered its earlier
14 Narazo v. ECC decision and said that the amounts received may
15 Dabatian v. GSIS be denominated as per diem but are actually in
16 Rodriguez v. ECC the nature of compensation or pay and that what
17 ECC v. Arreola is controlling in both cases would be the nature
of the remuneration and not the label attached to
18 Tancinco v. GSIS it.
19 Panotes v. ECC
20 Jimenez v. ECC In the case of Belo, the Court noted that
21 Ma-AO Sugar Central v. CA she held the position continuously from 5 January
1972 to 1 February 1988. In that span of time,
22 Chua Yeng v. Michael Roma she was paid a fixed salary by virtue of her
23 Visayan Stevedore v. WCC election from 25 January 1972 to 31 December
24 Bellosilo v. City of Manila 1972; paid with per diem from 31 December
1976 to 31 December 1979; and fixed salary
25 Davao Gulf Lumber v.
from 1 January 1980 to 1 February 1988. The per
Del Rosario diems received by respondent was actually paid
26 Batangas Transportation for in the performance of her duties not as per
Company v. Vda. de Rivera diem referred in Sec. 1 (c) of the GSIS Act.
27 Marinduque Iron Mines
Per diem, based on the GSIS law, is
Agents v. WCC defined as a daily allowance given for each day
28 De Inguillo v. ECC an officer or employee of government is away
29 Clemente v. GSIS, ECC from his home base. It is a reimbursement for
extra expenses incurred by the public official in
30 Casumpang v. ECC
the performance of his duties. Generally
allowance for expenses incident to the discharge
of an office is not a salary office. However, if the
remuneration received by a public official in the

1
GSIS v. CSC, Dr. Manuel
Baradero, Matilde S. Belo performance of his duties does not constitute a
GR No. 98395 and 102449, mere allowance for expenses but appears to be
his actual base pay, a per diem would take the
allowances received by petitioner from the term
service with compensation for the purpose of

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

computing the number of years of service in Counsel denied petition again on March 21, 1960.
government. On May 21, 1960, petitioner appealed to GSIS
In the other case, Dr. Baradero was paid on a per General Manager, Mr. Rodolfo Andal, and upon
diem basis from 1 January 1976 to 10 October favorable recommendation of the 2nd Asst.
1978. Applying the Belo case, the Court General Manager, F.G. Arana, placed OK at the
considered the following: a) the continuous foot thereof over his initials, thus indicating
government service rendered; b) being a full time approval of the request change. Based on the
employee although on a hold-over capacity; c) action of the General Manager, notes of
and that no other forms of remuneration was adjustment of the date of birth of petitioner to
received. Respondent Baradero, who, before and January 14, 1900 was sent to the Auditor General
after the period in question had an unblemished and Commission on Civil Service and proceeds of
record of service to the government as a member petitioners policy was recomputed.
of the army and as a medical officer of the
Philippine Medicare Commission. The disputed On May 6, 1963, Mr. Ismael Mathay,
period was served on a full-time basis regardless then Auditor of the Central Bank detailed to the
of the denomination given to the compensation Phil. Natl Bank, wrote the Board of Trustees of
received by him. the GSIS about the service of the petitioner of
petitioner and stated that Hilarion Beronilla has
been continuously paid since January 15, 1963,

2
Hilarion Beronilla v. Civil Service
his salary allowances and other fringe benefits
Commission notwishtanding the fact that Mr. Beronilla turned
GR No. 97419, July 3, 1992
65 on January 14, 1963, the date of his
automatic and compulsory retirement. The board
referred the letter to the Claims department who
Facts: then submitted a memorandum tating the facts
From 1917 to 1925, Hilarion Beronilla and evidence in the GSIS records concerning the
uniformly indicated in his application for determination of the date of birth of petitioner
employment, application for life and retirement including the actions taken by Mr. Andal and the
insurance, and application to take the CSC Legal Counsel.
examination that his birth date is January 14, On, August 9, 1963, the Board adopted
1898. He also indicated the same date in his the disputed resolution of Mr. Mathays letter
Members Service record submitted to the GSIS without notifying petitioner and without giving
on October 29, 1954. him an opportunity to be heard.
In 1959, Beronilla requested the
Commissioner of Civil Service thru the Auditor Issue:
General to change his birthdate to January 14, Whether or not the GSIS Board of Trustees acted
1900. In his petition, he stated he only found out within its powers when it reversed the approval
his true date of birth before his mothers demise by the General Manager of petitioners request
on 1955. His mother said that in 1916, his uncle for the change of his date of birth.
Alvaro Beronilla, purchased a cedula to show that
Hilarion was 18 years old so that he may vote for Held:
Alvaro who was then a candidate for election. Yes, it is within the powers of the GSIS
Since Beronilla was informed of this, it Board of Trustees to reverse decisions made by
was only in 1959 that he finally found 2 people, a the General Manager.
former member of the provincial board and a
retired justice of the peace, that could attest to By express statutory authority (See Sec.
his true date of birth. Together with his letter to 16-18 of GSIS charter), the Board of Trustees
the Civil Service Commissioner were affidavits of directly manages the System while the General
these two persons. The letter was then endorsed Manager is only the chief executive officer of the
by the commission to the GSIS for action Board. In the exercise of its power to adopt rules
without intervention of the Civil Service and regulations for the administration of the
Commission. System and the transaction of business, the
In the GSIS, the letter-request was Board may lodge in the GM the authority to act
referred to the Legal Counsel who denied the on any matter the Board may deem proper, but
same on October 22, 1959. Upon learning this, in no wise can such conferment of the authority
petitioner submitted additional evidence be considered as a full and complete delegation
consisting of Photostat copies of the yearbooks of resulting in the diminution, much less exhaustion,
the Phil Institute of Accountant in 1954 and of the Boards own statutorily-based prerogative
1958. Even with the additional evidence, Legal and responsibility to manage the affairs of the

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

system and, accordingly, to decide with finality Held:


any matter affecting its transactions or business. Yes. Being remedial in character, a
In other words, even if the Board may entrust to statute creating a pension or establishing
the GM the power to give final approval to retirement plan should be liberally construed and
applications for retirement annuities, the finality administered in favor of the persons intended to
of such approval cannot be understood to divest be benefited thereby. The liberal approach aims
the Board, in appropriate cases and upon its to achieve the humanitarian purposes of the law
attention being called a flaw, mistake or in order that the efficiency, security and well-
irregularity in the GMs action, of the authority to being of government employees may be
exercise its power of supervision and control enhanced.
which flows naturally from the ultimate and final
responsibility for the proper management of the An administrative circular, such as a
System imposed upon it by the charter. memorandum of the CSC cannot limit PD 1146,
on extension of service of employees who reach
65. While it is true that CSC is given the authority
Gaudencio Cena v. Civil Service

3
to take appropriate action on all appointments
Commission and other personnel matters in the Civil Service,
GR No. 97419, July 3, 1992
it cannot extend to matters not covered. The
CSCs authority is limited only to carrying into
effect what PD 1146 says. It cannot go beyond
Facts: the terms and provisions of the basic law.
Gaudencio Cena worked for 7 years as a
Legal Officer of the Law Dept of Caloocan City. The CSC Memorandum, being in the
He was then transferred to the Office of the nature of an administrative regulation, must be
Congressman where he worked as a Supervising governed by the principle that a regulation must
Staff Officer for 3 months. He was then be in harmony with the provisions of the law and
appointed as Registrar of the RD (Register of should be for the sole purpose of carrying into
Deeds) in Malabon. In total, he has rendered effect its general provisions. CSC has no power to
govt service for 11 years, 9 months and 6 days. supply or add perceived omissions in PD 1146.
Before reaching his 65th birthday, he requested
the LRA Administrator that he be allowed to
Dionisio Rabor v. Civil Service

4
extend his service to complete the 15-year
service requirement to enable him to retire with
Commission
GR No. 111812, May 31, 1995
full benefits of old age pension.
PD 626
The LRA Administrator sought a ruling
from the CSC. The CSC denied the extension but
Cena filed a motion for reconsideration. This time Facts:
around, CSC granted a 1-yr extension to him. Dionisio M. Rabor is a Utility Worker in
Cena still filed a case against CSC for grave the Office of the Mayor, Davao City. He entered
abuse of discretion when it granted an extension the government service as a Utility Worker on 10
of only 1 yr. He contends that the law (Sec 11 of April 1978 at the age of 55 years. Sometime in
PD 1146 also known as Revised Govt Insurance May 1991, an official in the Office of the Mayor of
Act) does not limit or specify the maximum Davao City advised Dionisio M. Rabor to apply for
number of years the retiree may avail of to retirement, considering that he had already more
complete the 15-year service. Thus, the CSC has than 68 years old.
no authority to limit through a memorandum the
number of years. Rabor responded by showing a GSIS
certificate with a notation to the effect that his
In defense, CSC said that since it is the service is extended for him to complete the 15-
central personnel agency of the govt, it is vested year requirement for retirement. The Davao City
with power to grant or allow extension of service Government wrote to the Regional Director of the
beyond retirement age. Civil Service Commission informing the latter of
the foregoing and requesting advice as to what
Issue: action should be taken on Rabors case. Director
Whether or not Cena is allowed to continue in the Cawad replied by saying that Rabors continued
service to complete the 15-year service employment is contrary to M.C. No. 65 issued by
requirement? the Office of the President hence which only
provides for retention of service for extremely

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

meritorious reasons which should not exceed 6 extent: that Civil Service Memorandum Circular
months. No. 27, Series of 1990, more specifically
paragraph (1) thereof,is hereby declared valid
Mayor Duterte furnished Rabor a copy and effective. The law on extension of service
of Cawads letter and ordered him not to work under Section 11 (b) of P.D. No. 1146
anymore. Rabor asked Director Cawad for (Retirement Law) must, accordingly, be read
extension of his job until he completes the 15- together with Memorandum Circular No. 27.
year requirement but was denied. Rabor then
asked the Office of the President for an We reiterate, however, the holding in
extension. His request was referred by OP to CSC Cena that the head of the government agency
and thereafter CSC denied Rabors request. concerned is vested with discretionary authority
Rabor asked for reconsideration of CSC ruling to allow or disallow extension of the service of an
citing Cena case but was denied. Rabor reiterated official or employee who has reached sixty-five
his request to Mayor Duterte but was rebuffed. (65) years of age without completing fifteen (15)
Hence, this petition. years of government service; this discretion is,
nevertheless, to be exercised conformable with
Issue: the provisions of Civil Service Memorandum
WON Rabor request for extension should be Circular No. 27, Series of 1990.
granted in view of Cena case
Held:
No. this case modified the Cena

5
Lydia M. Profeta v. Hon.
doctrine.
Franklin M. Drilon
GR No. 1104149, December 22, 1992
The SC found it very difficult to suppose
that the limitation of permissible extensions of PD 626
service after an employee has reached sixty-five
(65) years of age has no reasonable relationship Facts
or is not germane to the foregoing provisions of Petitioner, Dr. Lydia M. Profeta, served
the present Civil Service Law. The physiological as Executive Dean of the Rizal Technological
and psychological processes associated with Colleges from 24 October 1974 to 15 October
ageing in human beings are in fact related to the 1978 until her promotion to President on 1 May
efficiency and quality of the service that may be 1979. After the 1986 EDSA revolution or on 5
expected from individual persons. The policy March 1986, petitioner filed her courtesy
considerations which guided the Civil Service resignation as President of the Rizal
Commission in limiting the maximum extension of Technological Colleges and the same was
service allowable for compulsory retirees, were accepted on 21 March 1986. A day before the
summarized by Justice Grio-Aquino, in her acceptance of her courtesy resignation, petitioner
dissenting opinion in Cena: applied for sick leave. On 4 November 1988,
petitioner was appointed Acting President of
Worth pondering also are the points Eulogio "Amang" Rodriguez Institute of Science
raised by the Civil Service Commission that and Technology (hereinafter referred to as
extending the service of compulsory retirees for EARIST) and was thereafter appointed its
longer than one (1) year would: (1) give a President on 29 March 1989.
premium to late-comers in the government
service and in effect discriminate against those After reaching the age of sixty-five (65)
who enter the service at a younger age; (2) delay years on 16 June 1989, petitioner inquired from
the promotion of the latter and of next-in-rank the GSIS as to whether she may be allowed to
employees; and (3) prejudice the chances for extend her services with the government as
employment of qualified young civil service President of EARIST beyond the age of sixty-five
applicants who have already passed the various (65) years, to enable her to avail of the old-age
government examination but must wait for jobs pension retirement benefits under PD 1146
to be vacated by "extendees" who have long (Revised Government Service Insurance Act of
passed the mandatory retirement age but are 1977). Petitioner was advised by the GSIS to
enjoying extension of their government service to return to the service until she shall have fulfilled
complete 15years so they may qualify for old-age the 15 years service to qualify for the old-age
pension. pension retirement plan. The GSIS declared that
petitioner was not yet eligible to retire under PD
SCs conclusion is that the doctrine of 1146 and that her creditable service was only 12
Cena should be and is hereby modified to this years and two 2 months. Therefore, she could

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

only claim one hundred percent (100%) of her 1. Whether or not the Office of the President has
average monthly compensation for every year of jurisdiction over the issue of her compulsory
creditable service or to a refund of her premium retirement from the government service.
contributions with the GSIS.
2. Whether or not the petitioner could avail of the
On 6 October 1989 DECS Secretary and old-age retirement after the declaration of the
the Board of Trustees of EARIST, President Office of the President the amended exact date
Aquino, through Deputy Executive Secretary of her retirement.
Magdangal B. Elma, extended the term of
petitioner as President of EARIST until she shall Held:
have completed the required fifteen (15) years of The Court held that it is the GSIS which
service after reaching the age of sixty five (65) has the original and exclusive jurisdiction to
years on the date of her normal retirement on 16 determine whether a member is qualified or not
June 1989 or for an additional period of two (2) to avail of the old-age pension benefit under P.D.
years, seven (7) months and twelve (12) days. 1146, based on its computation of a member's
years of service with the government. The
In March 1990, the EARIST Faculty and computation of a member's service includes not
Employees Union filed an administrative only full time but also part time and other
complaint against petitioner before the Office of services with compensation as may be included
the President, for her alleged irregular under the rules and regulations prescribed by the
appointment and for graft and corrupt practices. System.
Pending investigation of the complaint, petitioner
was placed under preventive suspension for a Retirement is compulsory for a member
period of ninety (90) days. After serving the who has reached the age of 65 years with at
period of suspension, petitioner re-assumed her least 15 years of service. If he has less than
duties and functions as President of EARIST. fifteen (15) years of service, he shall be allowed
After evaluating the evidence presented before to continue in the service to complete the 15
the Ad-Hoc Committee, in a decision dated 23 years, to avail of the old-age pension benefit.
October 1991, the Office of the President Retirement laws are liberally interpreted in favor
dismissed the administrative complaint against of the retiree because their intention is to provide
petitioner for lack of substantial evidence. In the for his sustenance and hopefully even comfort,
same decision, the Office of the President also when he no longer has the stamina to continue
declared petitioner as compulsory retired from earning his livelihood. The liberal approach aims
government service as of 15 October 1991, to achieve the humanitarian purposes of the law
holding that if the sick leave of 62 working days in order that the efficiency, security and well-
(approximately 3 months) were to be added to being of government employees maybe
the petitioners creditable service, together with enhanced.
the period of two (2) weeks where the petitioner
served as Professorial Lecturer, the petitioner The computation made by the GSIS of
should be considered as compulsorily retired as petitioner's date of retirement failed to take into
of Oct. 15, 1991, having completed the required account the three-and-a-half (3 1/2) months
15 years in the service on or about the said date service of petitioner which was not reflected in
after reaching the age of 65. her service record. If we deduct this unrecorded
three-and-a-half (3 1/2) months service of
Petitioner requested the GSIS to petitioner from 14 August 1992, petitioner is to
determine the exact date of her retirement. On 5 be considered retired on 30 April 1992.
November 1991, petitioner was advised by the The Court ruled that the decision of the Office of
GSIS that the exact date of her retirement falls the President dated 23 October 1991 declaring
on 14 August 1992. Petitioner assailed the petitioner as compulsorily retired as of 15
portion of the decision of the Office of the October 1991 is SET ASIDE. Petitioner is hereby
President declaring her as compulsorily retired declared to have been in the service as President
from the service as of 15 October 1991, alleging of EARIST from 16 October 1991 until 30 April
that the said office has no jurisdiction over the 1992 and therefore entitled to all salaries,
issue of her compulsory retirement from the benefits and other emoluments of said office
government service. from 16 October 1991 to 30 April 1992. In
addition, she is declared as entitled to her old-
Issues: age pension benefits for having reached age 65
years while in the service with 15 years of service
to her credit, subject to her compliance with all

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

applicable regulations and requirements of the the MIAA but only designated thereto. Under the
GSIS. provision, compensation of salary or pay which
may be used in computing the retirement
benefits shall be received by an official employee

6
Teodoro J. Santiago v. COA and
as fixed by law and/or indicated in his duly
GSIS approved appointment. The petitioner's additional
GR No. 92284, July 12, 1991
salary was fixed not in a duly approved
appointment but only in a designation.
Issue:
Facts: (1) Whether or not the petitioner can
The petitioner was employed in the invoke Section 9 of EO No. 966 for the
Commission on Audit as State Auditor IV with a recomputation of his basic salary rate as basis for
monthly salary of P7,219.00. In 1988, he was his retirement benefits.
assigned to the COA Auditing Unit at the
Department of Transportation and (2) Whether or not his designation as
Communications and detailed to the Manila Assistant General Manager constitutes as an
International Airport Authority. On July 1, 1988, approved appointment under the purview of
the board of directors of the MIAA passed a Section 9 of EO No. 966.
resolution designating the petitioner as Assistant
General Manager for Finance and Administration Held:
subject to the following conditions: (a) he retains (1) Yes, the court granted the petition
his plantilla position in COA, (b) his compensation and directed the computation of the petitioners
from MIAA shall be the difference between the retirement benefits on the basis of his Highest
salary of AGM for Finance and that of State Basic Salary Rate of 13,068.00.
Auditor IV, and (c) his retirement benefits shall
be chargeable against COA. (2) Yes, the law in question, the term
"appointment" was used in a general sense to
On August 10, 1988, MIAA board of include the term "designation." In other words,
directors issued an office order formally no distinction was intended between the two
designating the petitioner as Acting Assistant terms in Section 9 of Executive Order No. 966.
General Manager for Finance and Administration, The Court held that more reasonable
effective August 16, 1988. The petitioner as interpretation, especially considering that the
Assistant General Manager for Finance and provision includes in the highest salary rate
Administration collected the differential salary of "compensation for substitutionary services or in
P5,849.00 plus his salary of P7,219.00 for a total an acting capacity." This need not always be
compensation of P13,068.00. He received this conferred by a permanent appointment. The
compensation until December 5, 1988. On March spirit of EO No. 966 seeks to extend the
1, 1989, the petitioner retired after working in maximum benefits to the retiree as an additional
the government for 44 years. if belated recognition of his many years of loyal
and efficient service in the government.
In computing his retirement benefits,
GSIS used as basis the amount of P13,068.00, Section 9 clearly covers the petitioner,
considering this the highest basic salary rate who was designated Acting Assistant General
received by the petitioner in the course of his Manager for Finance and Administration on
employment. The COA disagreed and paid his August 10, 1988. The position was then vacant
retirement benefits on the basis of only his and could be filled either by permanent
monthly salary of P7,219.00 as State Auditor IV. appointment or by temporary designation. It
It has been argued that the additional cannot be said that the second position was only
compensation received by the petitioner was an extension of the petitioner's office as State
merely an honorarium and not a salary. As a Auditor IV in the Commission on Audit as
mere honorarium, it would not fall under the otherwise there would have been no need for his
provision of Section 9 of Executive Order No. 966 designation thereto. The second office was
and should not be added to his salary in distinct and separate from his position in the
computing his retirement benefits. Commission on Audit. For the additional services
he rendered for the MIAA, he was entitled to
The Solicitor General's main argument is additional compensation which, following the
that the petitioner cannot invoke Section 9 letter and spirit of Section 9, should be included
Highest Basic Salary Rate of EO No. 966 because in his highest basic salary rate.
he was not appointed to the second position in

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

Retirement laws should be interpreted Medical Center. Petitioners husband filed a claim
liberally in favor of the retiree because their for disability benefits with the GSIS which was
intention is to provide for his sustenance, and denied. On appeal to the ECC, the GSIS decision
hopefully even comfort, when he no longer has was affirmed.
the stamina to continue earning his livelihood.
After devoting the best years of his life to the Issue:
public service, he deserves the appreciation of a (1) Whether petitioner is entitled to
grateful government as best concretely expressed compensation under the present laws.
in a generous retirement gratuity commensurate
with the value and length of his services. That (2) Whether the present law is oppressive and
generosity is the least he should expect now that arbitrary as the presumption of compensability
his work is done and his youth is gone. Even as cannot be applied if the disease is not listed as
he feels the weariness in his bones and glimpses an occupational disease.
the approach of the lengthening shadows, he
should be able to luxuriate in the thought that he Held:
did his task well, and was rewarded for it. (1) No, the law says they are not. Under
the Labor Code, sickness is defined as any
===== illness definitely accepted as an occupational
EO No. 966 disease listed by the Commission, or any illness
caused by employment subject to proof by the
Sec. 9. Highest Basic Salary Rate. The employee that the risk of contracting the same is
compensation of salary or pay which may be increased by working conditions. For this
used in computing the retirement benefits shall purpose, the Commission is empowered to
be limited to the highest salary rate actually determine and approve occupational diseases
received by an official/employee as fixed by law and work-related illnesses that may be
and/or indicated in his duly approved considered compensable based on peculiar
appointment. This shall include salary hazards of employment. Also, Rule III of the
adjustments duly authorized and implemented by Amended Rules on Employees Compensation
the presidential issuance(s) and budget defines who are entitled:
circular(s), additional basic compensation or
salary indicated in an appointment duly approved Sec 1b. For the sickness and the
as an exception to the prohibition on additional resulting disability or death to be compensable,
or double compensation, merit increases, and the sickness must be the result of an
compensation for substitutionary services or in an occupational disease listed under Annex "A" of
acting capacity. For this purpose, all other these rules with the conditions set therein
compensation and/or fringe benefits such as per satisfied; otherwise, proof must be shown that
diems, allowances, bonuses, overtime pay, the risk of contracting the disease is increased by
honoraria hazard pay, flying time fees, the working conditions."
consultancy or contractual fees, or fees in
correcting and/or releasing examination papers Hence, under the law, the claimant must
shall not be considered in the computation of the prove that the illness was caused by employment
retirement benefits of an official/employee. and the risk of contracting the disease is
increased by the working conditions and to say
that the trust fund has the obligation to pay
because the proof required is not applicable is
Zaida Raro v. ECC

7
contrary to the legal requirement that proof must
GR No. L-58445, November 26, 1970 be adduced. The existence of otherwise non-
existent proof cannot be presumed.

The present law, in essence, has struck


Facts: out the presumption of compensability and
Petitioner Zaida Raro was in perfect incorporated a new system based on social
health when she was employed by the Bureau of security principles with a system administered by
Mines and Geo Sciences in Camarines Norte, as a social insurance agencies (GSIS and SSS). The
Mining Recorder. reason for this was to restore a sensible
Later, she began suffering from severe equilibrium between the employers obligation to
and recurrent headaches coupled with blurring of pay workmens compensation and the employees
vision. She was forced to take sick leaves. She right to receive reparation for work-connected
was diagnosed with brain tumor at the Makati death or disability.

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

Santiago then reported for work and


Instead of an adversarial contest by the performed his usual tasks before the accident
worker or his family against the employer, we without any complaints about the injury. He was
now have a social insurance scheme where also given the same wages he used to receive.
regular premiums are paid by employers and Before the manifestation of the
employees to a trust fund and claims are paid petitioner that it will not controvert the right for
from the trust fund to those who can prove compensation, the Regional Administrator of the
entitlement. Since there is no employer fighting a Department of Labor, Regional Office No. V, Iloilo
claim for compensation, the rules on presumption City, computed the compensation benefits and
of compensability and controversion cease to awarded Santiago the total sum of P1, 148.10, as
have significance. per letter-computation dated January 16, 1958.
This amount is based on the sum of all
The employer is spared the problem of compensations under Sections 13, 14 and 18 of
proving a negative proposition that the disease the Workmans Compensation Act. Petitioner
was not caused by employment. It is a company settled the first two items but refused
government institution which protects the to settle item 3 (compensation under Sec. 18
stability and integrity of the State Insurance Fund concerning amputations)
against the payment of non-compensable claims.
The employee, this time assisted by his Issue:
employer, is required to prove a positive Whether the injury of Pablo Santiago
proposition, that the risk of contracting the was compensable under Section 18 of the WCA.
disease is increased by working conditions.
Ruling:
The fixing of the amount of Yes. Under the law, where the employer
contributions are based on actuarial studies. The fails to controvert the employees right to
actuarially determined number of workers who compensation, he shall be deemed to have
would probably file claims within any given year renounced his right to controvert and the Hearing
is important in insuring the stability of the trust Officer may, if a claim has already been filed,
fund and making certain that the system can pay receive evidence for the claimant, if necessary,
benefits when due to all who are entitled and in and treat the same as uncontested. The Labor
the increased amounts fixed by law. Thus, if Administrators task was then to award the
diseases not intended by the law to be claimant in accordance with the law which he did.
compensated are inadvertently included, the The pertinent provisions of Section 18,
integrity of the State Insurance Funds is WCA, states -
endangered.
Amputation. - Amputation between elbow and
wrist shall be considered as equivalent to the loss
of a hand. Amputation between knee and ankle

8
Iloilo Dock and Engineering v. WCC shall be considered as loss of a foot. Amputation
GR No. L-26341, November 27, 1980 at or above the elbow shall be considered as
equivalent to the loss of an arm. Amputation at
or above the knee shall be considered as
equivalent to the loss of a leg. x x x
Facts:
Pablo Santiago worked for petitioner In all other cases of this kind of disability not
company as an iron worker with a weekly mentioned in other sections of this Act, x x x
compensation of Php 38.64. On August 16, 1955,
while doing repairs at work, the petitioner Petitioner claims that the above
suffered slight compression fracture of the 12th provision does not apply to the case of Santiago
thoracic vertebrae which prevented him from as there was no amputation at all. Petitioner also
performing his work for 14 and 6/7 weeks. The contends that the compensation could not be
company physician certified that Santiago computed as Santiago returned to work with the
suffered partial permanent disability of the back same pay as before the accident and that he was
due to slight stiffness at the 12th thoracic already cured of whatever disability he might
vertebrae of the back. Petitioner company in its have had.
Employers Report of Accident stated that it will
not controvert Santiagos right to claim for Argument is untenable.
compensation.

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

The cited section even if entitled cramps. For several days, she still continued to
Amputation does not exclude other injuries suffer from recurrent abdominal pains and a
similar in nature. In fact, included in the provision feeling of heaviness in her stomach. Her co-
is serious disfigurement. Paragraph 4 even teachers told her to take a leave of absence but
provides among other things that "in all other she continued to report to school. On January 25,
cases of this kind of disability not mentioned in 1982, she went into labor and delivered a
other sections of this Act." Santiagos injury is premature baby girl at home.
akin to those mentioned in the said section and
which is not covered by other sections of the law. Her abdominal pains persisted even
Petitioner is also wrong when it claimed after delivery, accompanied by high fever and
that the compensation could not be computed as headache. She was brought to the hospital and
Santiago returned to work with the same pay as found that she was suffering from septicemia
before the accident. As cited in Azucarera de Don post partum due to infected laceration of the
Pedro v De Leon and Alla, "an injured laborer's vagina. She was discharged after 5 days but died
capacity for work is not measured solely by the 3 days later.
wages he receives, or his earning, after the
injury, since the amount of such wages or COD: septicemia post partum.
earning may be affected by various extraneous
matters or factors, x x x for there are a number Her husband claimed for death benefits but was
of possible explanations of the fact that an denied by GSIS claiming that the cause of death
employee who receives higher wages after an if petitioner's wife is not an occupational disease.
injury than what he earned before may still have On appeal, ECC affirmed the decision of GSIS.
suffered an impairment of earning capacity."
Issues:
Meaning, under the law, the criterion is Whether the death of Mrs. Belarmino is a
earning capacity and not the wages given. The compensable disease.
WCC was correct when it said that "it is
sufficiently clear that once a workman sustains a
permanent impairment he is entitled to what the Held:
law provides for such condition regardless of the Yes. The illness, which resulted in the
actual remuneration he receives after the injury. death of Mrs. Belarmino, is admittedly not listed
A laborer who lost an arm in an accident may still as an occupational disease in her particular line
have the fortune of landing a job where the rate of work as a classroom teacher (See Rule III,
of pay is the same what he was receiving before Section 1 of the Amended Rules on Employees'
the accident but surely as his lost arm should be Compensation).
compensated because it is a permanent partial
disability contemplated under the Workmen's However, her death from that ailment is
Compensation Law". compensable because an employment accident
and the conditions of her employment
Finally, it has been held that the contributed to its development. The condition of
Workmen's Compensation Act should or must be the classroom floor caused Mrs. Belarmino to slip
construed fairly, reasonably or liberally in favor, and fall and suffer injury as a result. The fall
or for the benefit, of employees and their precipitated the onset of recurrent abdominal
dependents, all doubts as to the right to pains which culminated in the premature
compensation being resolved in their favor, and termination of her pregnancy with tragic
all presumption indulged being in their favor. consequences to her. Her fall on the classroom
floor brought about her premature delivery which
caused the development of post partum
septicemia which resulted in death. Her fall

9
Manuel Belarmino v. ECC therefore was the proximate or responsible cause
GR No. 90204, May 11, 1990 that set in motion an unbroken chain of events,
leading to her demise.
ECC and GSIS were ordered to pay
death benefits to the petitioner.
Facts:
Mrs. Belarmino, a classroom teacher and

10
Generoso Alano v. ECC
was 8 months pregnant, accidentally slipped and GR No. L-48594, March 16, 1988
fell on the classroom floor. Moments later, she
complained of abdominal pain and stomach

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

being at the place of the accident. She was there


Facts: because her employment required her to be
Dedicacion de Vera was a principal in a there.
public school. Her tour of duty was from 7:30
a.m. to 5:30 p.m. On November 29, 1976, at

11
Salvador Lazo v. ECC
7:00 a.m., while waiting for a ride on her way to GR No. 78617, June 18, 1990
school, she was bumped and run over by a
speeding Toyota mini-bus which resulted in her
death. She is survived by her four sons and a
daughter.
Facts:
Salvador Lazo is a security guard of the
The brother of the deceased claimed for
Central Bank of the Philippines. His regular tour
income benefit with the GSIS for and behalf of
of duty is from 2pm to 10pm. One day, the
the descendant's children. The claim was denied
Security guard who was to relieve him failed to
on the ground that the injury upon which
arrive, so, Lazo rendered over time up to 5am of
compensation is being claimed is not an
July 19,1986. He then asked permission from his
employment accident satisfying all the conditions
superior to leave early order to take home his
prescribed by law. Appellant requested for
sack of Rice.
reconsideration but was denied and the case was
elevated for review.
On his way home, the jeepney he was
riding on turned turtle due to slippery road. As a
The respondent Commission affirmed
result, he sustained injuries and was confined to
the decision of the GSIS. The deceased's accident
National Orthopedic Hospital for 6 days.
did not meet any of the aforementioned
conditions (Section I (a), Rule III of the Amended
Lazo claimed for disability benefits
Rules on Employees' Compensation). First, the
under PD 626. However, his claim was denied by
accident occurred at about 7:00 a.m. or thirty
GSIS for the reason that he was not at his work
minutes before the deceased's working hours.
place performing his duties when the incident
Second, it happened not at her workplace but at
occurred ECC affirmed GSIS' decision.
the plaza where she usually waits for a ride to
Issue:
her work. Third, she was not then performing her
Whether the injury sustained by Lazo was due to
official functions as school principal nor was she
the vehicular accident on his way home from
on a special errand for the school. The case,
work and should be construed as "arising out of
therefore, was dismissed
or in the course of employment" and thus,
compensable?
Issue:
Whether or not the injury sustained by
Held:
the deceased resulting in her death is
compensable under the law as an employment
The claim is compensable. When an
accident.
employee is accidentally injured at a point
reasonably proximate to the place at work, while
Held:
he is going to and from his work, such injury is
In the earlier case of Vda. de Torbela v.
deemed to have arisen out of and in the course
Employees' Compensation Commission which has
of his employment.There is no evidence on
a similar factual background, this Court held:
record that petitioner deviated from his
usual,regular homeward route or that
When an employee is accidentally injured at a
interruptions occurred in the journey.
point reasonably proximate to the place at work,
while he is going to and from his work, such
It is significant that the liberality of the law
injury is deemed to have arisen out of and in the
in general in favor of the workingman still
course of his employment.
subsists. As an agent charged by the law to
implement social justice guaranteed and secured
In the case at bar, it is not disputed that
by the Constitution, the Employees Compensation
the deceased died while going to her place of
Commission should adopt a liberal attitude in
work. She was at the place where her job
favor of the employee in deciding claims for
necessarily required her to be if she was to reach
compensability, especially where there is some
her place of work on time. There was nothing
basis in the facts for inferring a work connection
private or personal about the school principal's
to the accident.

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Atty. R. Raypon
1st Semester, AY 2014-2015

(1) the day when the accident occurred was an


There is no reason, in principle, why off-day, hence, the injury was incurred not during
employees should not be protected for a office hours,
reasonable period of time prior to or after (2) appellant incurred injury while en route to
working hours and for a reasonable distance Dipolog City while outside the school premises
before reaching or after leaving the employer's where she normally discharges her official
premises. (3) while appellant's witnesses testified in an
affidavit that appellant left her official station for
The rule is to interpret the law liberally in Dipolog City on the day in question for the
favor of the employee because the Employees purpose of procurring school supplies and
Compensation is basically a social legislation training aids to enhance her teaching efficiency,
designed to afford relief to the working men and we find the version of the Acting Administrative
women in our society. Officer more credible-that is, the appellant was
on her way home from station-for there is
nothing which indicates that it is false.
Emelita Enao v. ECC

12 GR No. L-46046, April 5, 1985 At the time of the incident in question, the
pertinent and governing provisions of law are to
be found in Section 1, Rule 11, of the Amended
Rules on Employees' Compensation, which
Facts: provides:

On August 1, 1975, while on her way to SECTION 1. Grounds. (a) For the injury and the
Dipolog City for the purpose of purchasing resulting disability or death to be compensable,
supplies and other training and school aids for the injury must be the result of an employment
her office, Emilita Enao together with others, accident satisfying all of the following conditions:
were ambushed by unidentified men believed to
be communist insurgents. (1) The employee must have sustained the injury
during his working hours;
As a result of the ambush, the appellant
sustained gunshot wounds on her left forearm (2) The employee must have been injured at the
and abdomen which compelled her confinement place where his work requires him to be; and
at the Zamboanga del Norte Provincial Hospital
from August 1 to 6, 1975, for surgical removal of (3) The employee must have been performing
foreign bodies (shrapnel) from her left arm and his official function.
later at the Dipolog Medical Center from
September 10 to 12, 1975 for definitive Issue:
treatment. She also developed interstitial Whether the petitioner's claim for loss of income
pneumonia as a result. benefits should be awarded?

On August 5, 1975, petitioner sent a notice Held:


of claim of injury to the Secretary of Education Yes, for the Petitioner, in proceeding to
and Culture, through the Division Superintendent Dipolog City on August 1, 1975, intended to
of Schools, Zamboanga City. It is said that this procure supplies and other training aids which
claim was not controverted. On the same date, a are needed facilities in connection with her
claim for income benefits for disability was filed services as a school teacher at the Wilbon
by the herein petitioner with the GSIS but this Primary School, cannot be at all disputed - "for
claim was denied on its reasoning that said the purpose of securing supplies and other
accident happened outside her time and place of training and school aids necessary for the
work, not to mention the fact that she was not in furtherance of their services as school teachers."
the performance of her official functions when it
happened. As it can be rightfully ruled that the
Claimant-Petitioner was actually then performing
Enao appealed to the Employees' her official functions, it hardly matters then
Compensation Commission. ECC affirmed the whether such task which Petitioner was then
decision of the GSIS appealed from and engaged in or discharging, happened outside the
dismissed the Petitioner's claim, on the grounds regular working hours and not in the Petitioner's
that: place of work. It is rather obvious that in
proceeding to purchase school materials in

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

Dipolog City, Petitioner would necessarily have to nature of her work during the course of
leave the school premises and her travel need employment which are permanent and recurring
not be during her usual working hours. What is in nature and work-connected.
significant and controlling is that the injuries she
sustained are work-connected, which the Court Again respondents contend that
finds to be so. petitioner's ailments are not among the
occupational diseases listed as compensable
It was therein ruled that "where an under Presidential Decree No. 626, as amended,
employee is accidentally injured at a point or under Annex "A" of the Rules on Employees'
reasonably proximate to the place of work, while Compensation and Commission' is supported by
she is going to and from her work, such injury is substantial evidence in the form of accepted
deemed to have arisen out of and in the course medical findings.
of her employment.
Issue:
Whether Menez ailment can be considered
Gloria Menez v. ECC

13
occupational disease and can claim for
GR L-48488, April 25, 1980
compensation.

Held:
Yes, her ailment may be considered as
Facts: occupational disease and she can claim for
Gloria D. Menez was as a school teacher compensation.
who retired on August 31, 1975 under the As defined occupational disease is one
disability retirement plan at the age of 54 years which results from the nature of the employment,
after 32 years of teaching, due to rheumatoid and by nature is meant conditions to which all
arthritis and pneumonitis. Before her retirement, employees of a class are subject and which
she was assigned at Raja Soliman High School in produce the disease as a natural incident of a
Tondo-Binondo, Manila near a dirty creek. 1976, particular occupation, and attach to that
petitioner filed a claim for disability benefits occupation a hazard which distinguishes it from
under Presidential Decree No. 626, as amended, the usual run of occupations and is in excess of
with respondent Government Service Insurance the hazard attending the employment in general.
System To be occupational, the disease must be one
"due wholly to causes and conditions which are
GSIS denied said claim on the ground normal and constantly present and characteristic
that petitioner's ailments, rheumatoid arthritis of the particular occupation that is, those things
and pneumonitis, are not occupational diseases which science and industry have not yet learned
taking into consideration the nature of her how to eliminate.
particular work. Based on the evaluation of
medical authorities, her ailments were found to Thus the ailment of Menez is considered
be the least causally related to her duties and as occupational disease. All public high school
conditions of work and thus, the ailments are not teachers are the most underpaid but overworked
work-connected. employees of the government, are subject to
emotional strains and stresses. In the case of the
GSIS reaffirmed its stand on the case Menez, her emotional tension is heightened by
and elevated the entire records thereof to the the fact that the high school in which she teaches
Employees' Compensation Commission for review is situated in a tough area Binondo district,
and ECC and with its decision. The Commission which is inhabited by thugs and other criminal
fully agrees with the respondent system that elements and further aggravated by the heavy
appellant's employment has nothing to do with pollution and congestion therein as well as the
the development of her disabling illnesses. stinking smell of the dirty Estero de la Reina
Appellant's ailments are not listed as occupational nearby. There is ample proof that petitioner
diseases for the employment she was engaged in contracted such ailments by reason of her
as to merit compensation under Presidential occupation as a public high school teacher due to
Decree No. 626, as amended her exposure to the adverse working conditions.
Republic Act 4670, otherwise known as
Menez claims she contracted the Magna Charta for Public School Teachers,
pneumonitis and/or bronchiectasis with recognized the enervating effects on the health
hemoptysis and rheumatoid arthritis after wetting of school teachers when it directed in one of its
and chilling and aggravated by the condition and provisions that "Teachers shall be protected

12
Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

against the consequences of employment injury Narazo died at the age of 57. Medical
in accordance with existing laws. The effects of records shows that he was confined 3 times at
the physical and nervous strain on the teachers's the Doa Corazon L. Montelibano Hospital in
health shall be recognized as compensable Bacolod City, for urinary retention, abdominal
occupational diseases in accordance with laws" pain and anemia and diagnosed to be suffering
from "obstructive nepropathy due to benign
Under the New Labor Code Rule 111 of prostatic hypertrophy", commonly known as
its Implementing Rules, "only sickness or injury "Uremia."cralaw virtua1aw library
which occurred on or after January 1, 1975 and
the resulting disability or death shall be Petitioner, as the widow of the
compensable under these Rules. It must be deceased, filed a claim with the GSIS for death
borne in mind that petitioner was a teacher of a benefits for the death of her husband, under the
High school in Binondo District and exposed to Employees Compensation Law but was denied on
the heavily polluted air and congestions and the ground that the cause of death of Narazo is
other elements. not listed as an occupational disease Petitioner
moved for reconsideration claiming the cause of
Consequently, this Court finds petitioner her husbands death is not considered as an
to have substantially shown that the risk of occupational disease but his job as Budget
contracting her ailments had been increased by Examiner which required long hours of sedentary
unfavorable working conditions. work, coupled with stress and pressure, caused
him many times to delay urination, which
Citing Dimaano v. WCC, the Court held eventually led to the development of his
that illnesses of rheumatic arthritis with sub- ailments. The GSIS denied said motion for
acute exacerbation and hypertension by Dimaano reconsideration.
who was herself a teacher is service-connected
considering her working conditions and nature of The ECC affirmed the decision of the
employment. As the petitioner is similarly- GSIS on the ground that the ailments of the
situated, the same rule should apply. deceased could not be attributed to employment
factors and as impressed by medical experts,
Furthermore, it must be stressed that benign prostatic hypertrophy is quite common
"the approval of petitioner's application for among men 50 years of age.
retirement is a clear indication that she was
physically incapacitated to render efficient Petitioner avers that the nature, length
service. Petitioner was allowed to retire under the of time, and circumstances of the occupation of
disability retirement plan on August 31, 1975 at the deceased were not considered in determining
the age of 54 which is way below the compulsory whether the work of the said deceased had
retirement age of 65. Under Memorandum increased the risks of contracting the ailments
Circular No. 133 issued by the retirement shall be which caused his death. The work of the
recommended for approval only when "the deceased, which required long sedentary work
employee applicant is below 65 years of age and under pressure, aggravated the risk of
is physically incapacitated to render further contracting the disease leading to his hospital
efficient service." Obviously, petitioner thus confinement and death.
retired by reason of her ailments.
The ECC argues that petitioner failed to
show proof that the disease which caused the
Amalia Narazo v. ECC

14
death of her husband is work-connected; and
GR No. 80157, February 6, 1990
that no credence could be given to petitioners
claim that her husbands delayed urination gave
rise to the development of his ailments, for lack
of medical bases. Allthat petitioner has shown,
Facts: according to the ECC, are mere aggravation, and
Geronimo Narazo was employed for 38 not work-connection causes. 5
years as Budget Examiner in the Office of the
Governor, Province of Negros Occidental. His Issue:
duties included preparation of the budget of the Whether the widow of the deceased can claim of
Province, financial reports and review or death benefits under GSIS under ECL
examination of the budget of some provincial and
municipal offices. Held:

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

Yes. Sigfredo A. Dabatian was employed as


Garbage Truck Driver in the General Services
The ECC is empowered to determine Department of the City Government of Cagayan
and approve occupational diseases and work- de Oro City. He was mostly assigned in the night
related illnesses that may be considered shifts. It was also noted that Sigfredo was a
compensable based on peculiar hazards of heavy coffee drinker which was his way to ward-
employment. Under Rule III, section 1, off sleep during his duty.
paragraph 3(b) of Presidential Decree No. 626, as
amended, defines a "compensable sickness" as Prior to his death, his co-workers
any illness definitely accepted as an occupational observed that he grew paler and weaker until he
disease listed by the ECC or any illness caused by collapsed and became unconscious during his
employment subject to proof by the employee tour duty. He was then brought to his residence.
that the risk of contracting the same is increased Despite hospitalization, he died 2 weeks after
by working conditions. with the diagnosis of peptic ulcer.

Sickness or death caused by said A claim for income benefits under ECP
sickness is compensable if the same is listed as (Employee's Compensation Program) was filed by
an occupational disease. If it is not so listed, the widow, Hilaria Dabatian. GSIS decided
compensation may still be recovered if the illness against the compensability of the claim on the
was aggravated by employment. It is incumbent ground that Sigfredo's ailment, Peptic Ulcer, is
upon the claimant to show proof that the risk of definitely not accepted as an occupational
contracting the illness was increased by his disease as listed under the present law on
working conditions. compensation. Neither was there a showing that
the disease was directly caused by his
The cause of death of petitioners employment and the risk of contracting the same
husband is by Uremia and it was proved that it is was increased by the working conditions.
work-connected disease the risk of contracting
the illness was aggravated by the nature of the The case was then elevated to ECC
work as a Budget examiner was dealt with many which ruled that deceased's ailment was not
factors, so much so that petitioner is entitled to related to his duties and work conditions. His
receive compensation benefits for the death of ailment is principally not work-connected.
her husband. Aggravation of illness is not a ground for
compensation under the present compensation
As per finding of the ECC, "Uremia is a law.
toxic clinical condition characterized by
restlessness, muscular twitchings, mental ECC found no sufficient basis to reverse
disturbance, nausea, and vomiting associated GSIS's ruling which denied the petitioner's claim.
with renal insufficiency brought about by the Hence, this petitioner's certiorari.
retention in blood of nitrogeneous urinary waste
products." One of its causes is the obstruction in Issue:
the flow of urinary waste products. Whether or not under the premises the death of
Sigfredo A. Dabatian is compensable.
Under the increased risk theory the claimant
must show proof of reasonable work-connection, Held:
not necessarily direct causal relation. The degree No.
of proof required is merely substantial evidence
which means such relevant evidence as will The records show that petitioner died on
support a decision, or clear and convincing July 3, 1976 when the old compensation law had
evidence. already been abrogated. No competent evidence
whatsoever was submitted to prove that
Dabatian's ailment was contracted prior to
January 1, 1975 in order to bring it under the

15
Hilaria Dabatian v. GSIS protective mantle of the old compensation law.
GR No. L-47294, April 8, 1987 Thus, under the present law, in order for the
PD 626 employee to be entitled to sickness or death
benefits, the sickness or death resulting
therefrom must be, or must have resulted from
Facts: either a) any illness definitely accepted as an
occupational disease listed by the Commission or

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Atty. R. Raypon
1st Semester, AY 2014-2015

b) any illness caused by employment subject to his subsequent death. Motion for reconsideration,
proof that the risk of contracting the same is dated August 11, 1976, was denied upon the
increased by working conditions. finding that the evidence failed to establish that
the decedent's employment had any causal
Since peptic ulcer is not included in the relationship with the contraction of the ailment
list of occupational diseases as drawn up by the and there was no showing that the same directly
Commission, then petitioner has the burden of arose therefrom or resulted from the nature
proving that the nature of her husband's work thereof. A second motion for reconsideration filed
increased the risk of contracting the disease. on October 18, 1976 having been denied by the
GSIS, petitioner's claim was elevated for review
Aside from the undisputed fact that the to the respondent commission where it was
deceased is a heavy coffee drinker, which was his docketed as ECC Case No. 0266.
way of warding off sleepiness, no evidence was
ever adduced by petitioner to bolster the theory On March 16, 1977, respondent
that her husband's work increased the risk of commission affirmed the ruling of the GSIS and
contracting the ailment. denied the claim of petitioner. The case is now
before us on a petition for review.
Being a heavy coffee drinker may have
aggravated his peptic ulcer, but, aggravation of Issue:
an illness is no longer a ground for compensation Whether petitioner should be given the
under the present law. compensation.
This Court takes notice of the fact that the
conditions in this case are not peculiar to the Held:
work mentioned herein. Many, if not most, No.
employees are equally exposed to similar
conditions but have not been victims of peptic The applicable rule established in law
ulcer. and jurisprudence concerning claims based on
the provisions of the Labor Code on employees'
compensation, particularly on death benefits
Niceta C. Rodriguez v. ECC

16
under Article 194, is that they must result from
GR No. L-46454, September 28, 1989
an occupational disease. A compensable disease
means any illness accepted and listed by the
Employees' Compensation Commission or any
illness caused by the employment subject to
Facts: proof by the employee that the risk of contracting
Hector P. Rodriguez was a public school the same was increased by the working
teacher assigned at Salaan Elementary School in conditions.
Mangaldan, Pangasinan. On November 19, 1975
he went on sick leave and was confined at the If the disease is listed in the Table of
Pangasinan Provincial Hospital after complaining Occupational Diseases embodied in Annex A of
of severe stomach pains accompanied by nausea the Rules on Employees' Compensation, no proof
and vomiting, later diagnosed as "Intestinal of causation is required. However, if it is not so
Lipomatosis of the Large Colon with Obstruction listed, it has been held that the employee, this
of the Ascending Colon." His ailment called for a time assisted by his employer, is required to
surgical operation which was performed on prove, a positive proposition, that is, that the risk
November 27,1975 but this proved unavailing. A of contracting the disease is increased by the
few days thereafter, on December 2, 1975, he working conditions. The fact that the cause of the
died. disease was not positively identified does not
dispense with this burden of proof.
On January 28, 1976, the wife filed a
claim for death compensation under the Labor The observations heretofore made do
Code with Government Service Insurance not mean that proof of direct causal relation is
System. In a letter-decision dated February 23, indispensably required. It is enough that the
1976, the GSIS denied the claim finding that the claimant adduces proof of reasonable work
cause of the death of petitioner's husband is not connection, whereby the development of the
an occupational disease since the nature of his disease was brought about largely by the
duties as a teacher, as well as the working conditions present in the nature of the job. Strict
conditions of his employment, could not have rules of evidence are not demanded, the degree
directly caused his ailment which eventuated in of proof required being merely substantial

15
Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

evidence, which has been held to be such Lilia Arreola was employed as a
relevant evidence as a reasonable mind might Chemical Laboratory Technician in the NBI since
accept as sufficient to support a conclusion. 1972. She was later promoted to Engineer II. In
1993, Arreola suffered pains at her left flank
Petitioner does not dispute the fact that accompanied by nausea, vomiting and low
the principal duties of her husband as a moderate fever. She was diagnosed as having
classroom teacher alone would not have any Ureterolithiasis and filed before GSIS an
connection with his disease. However, she posits application for compensation benefit under PD
that the deceased's auxiliary activities as a 626.
classroom teacher directly affected his physical
constitution and indubitably caused him to have GSIS denied her claim on the ground
sustained some trauma in his abdominal cavity that (1) ailment is a non-occupational disease
and other parts of the body. and (2) she failed to show that the position has
increased the risk of contracting the sickness.
It is our considered view that the Arreola appealed to ECC which deemed the case
circumstances alleged by the petitioner and the without merit because there was lack of proof
evidence she presented are not enough to that the illness was a result of an occupationl
discharge the required quantum of proof, liberal diseased listed uner the rules and that it was
as it is. There is no clear evidence as to when the increased by her working conditions.
disease commenced and supervened; the tumors
which developed in the deceased's colon may She filed a petition for review before the
have been growing for many years even before CA reversed the decision of ECC and ordered
he was employed as a teacher. Neither was there GSIS to pay.
any indication as to what really caused the
disease: in fact, the nature of the disease as Issue:
described militate against a finding of a causal Whether the illness of Arreola is
nexus. The "trauma" that was supposed to have compensable under PD 626.
caused or at least contributed to the disease was
neither satisfactorily clarified nor adequately Held:
proved. Surely, the activities relied upon by the Yes, her illness is compensable.
petitioner, being outside the regular or primary
functions of a teacher, could not have been done Although PD. 626 abandoned the
every working day. It is safe to assume that they presumption of compensability and the theory of
were done only for certain limited periods of time aggravation under the Workmens Compensation
and on isolated occasions as, for instance, during Act, a claimant may still be entitled to
competitions. compensation even if the same is not listed as an
occupational disease if he can prove that the risk
Thus, it cannot be said that decedent's of contracting the illness or disease was
work as a teacher exposed him to hazards increased by his working conditions.
different or greater from those involved in
ordinary or normal life-styles. There is no Despite the abandonment of the
showing that he did not engage in other presumption of compensability established by the
extraneous activities, aside from playing old law, the present law has not ceased to be an
basketball or being a member of the Boy Scouts. employees compensation law or a social
Of further note is the observation that the legislation; hence the liberality of the law in favor
abdomen of the deceased was markedly obese, of the working man and woman still prevails, and
which circumstance may also have been a the official agency charged by law to implement
causative or contributive factor considering the the constitutional guarantee of social justice
etiological and pathological particulars of said should adopt a liberal attitude in favor of the
ailment. employee in deciding claims for compensability,
especially in light of the compassionate policy
towards labor of the 1987 Constitution.

17
ECC vs. CA, Lilia Arreola
GR No. 121545, November 14, 1996
Indeed private respondent concedes
that her ailment, ureterolithiasis, is not included
in the list of occupational diseases but she was
able to prove that the risk of contracting it was
Facts: increased by the exigency and nature of her
work. The work of private respondent exposed

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Atty. R. Raypon
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her to drugs, insecticides, volatile poisons, fuels days from notice of the judgment. Rufina filed
and inorganic compounds and chemical the MR 231 days late, thereby making the
laboratory equipment. She also attended to field resolution final and executory.
cases and rendered holiday and night duties once
a week. Neither have the petitioner refuted the The gap of seven months is too large to
claim of the private respondent that she missed ignore. The period of appeal is not only
some important health habits such as regularly mandatory, but it is also jurisdictional. Even the
drinking enough water and urination. SC cannot ignore the immutable character of a
final judgment.

18
Rufina Tancinco v. GSIS (2) No, his death is not work-related,
GR No. 132916 and is thus not compensable.

The grounds for the injury and resulting


disability or death to be compensable are as
follows:
(a) employee msut have been injured at
Facts: the place where his work requires him to be;
In 1995, while being on off duty and at (b) employee must have been
home, SPO1 Eddie Tancinco who was repairing a performing his official functions; and
service vehicle was shot dead by five unidentified (c) if the injury is sustained elsewhere,
armed men. Tancinco was a member of the NCR employee must be executing an order for the
Security Protection Group of the PNP and was employer.
assigned as a close-in security detail of VP
Joseph Estrada. Tancinco was off-duty at the These requirements have not been met.
time inasmuch as the VP was in the US for Tancinco was at home and off-duty at that time.
medical treatment. It was not sufficiently established that he was
performing official functions at the time of his
His widow, Rufina, filed a claim for death. Although the Court in ECC vs CA has held
benefits before the GSIS which denied the claim that a soldier or policeman are by the nature of
on the ground that there was no proof that her their functions technically on duty 24 hours a
husbands deah was work-related. ECC affirmed day, the 24-hour doctrine was modified in the
the finding since SP)1 was on off duty status and recent case of GSIS vs. CA where the court held
thus, his death did not arise out of and in the that:
course of his employment as a member of the
PNP. At any rate, the 24-hour duty doctrine
serves more as an after-the fact validation of
Petitioner filed a petition for review their acts to place them within the scope of the
before the CA which denied the petition on guidelines rather than a blanket license to benefit
technicalities, i.e. certificate of non-forum them in all situations that may give rise to their
shopping was defective, etc, in May of 1997. deaths. In other words, the 24-hour duty doctrine
However, Rufina only filed a motion for should not be sweepingly applied to all acts and
reconsideration on January 27, 1998 or 7.5 circumstances causing the death of a police
months after receipt of the assailed decision. officer but only to those which, although not on
official line of duty, are nonetheless basically
The Solicitor General adopts the view police service in character.
that Tancincos death is work-related given the
fact that the deceased was a policeman and the Tancinco was repairing a service vehicle
killing was done in a professional manner. when he was killed. This cannot, in any way, be
said to be in line with his task as a policeman in
Issues: maintaining order, preventing and detecting
(1) Whether the Court may still take cognizance crimes, and enforcing the laws.
of the petition.
(2) Whether the death of Tancinco is work- Finally, Tancinco being at home, it was
related. incumbent on petitioner to show that her
husband was discharging a task pursuant to an
Held: order issued by his superiors. This also was not
(1) No, a motion for reconsideration of done.
the decision of the CA must be made within 15

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Atty. R. Raypon
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With regret, the Court denies the further alleges that the evidences presented
petition. tended to prove a mere case of aggravation and
not reasonable work-connection

19
Venusto Panotes v. ECC Under the employees' compensation
GR No. L-64802, September 23, 1985 law, there are two categories of occupational
illness or disease deemed compensation; a) those
listed as occupational disease by the Commission,
and b) any illness caused by the employment,
Facts: subject to a showing by the employee that the
On Mar 29, 1984, the Supreme Court risk of contracting the same is increased by the
rendered a decision granting compensation working condition
benefits to petitioner Venusto Panotes for the
death of his wife, Agustina Garfin Panotes. She An occupational disease generally
died of colonic malignancy cancer of the colon, a providing compensation therefor, is a disease
fatal disease considered by the Court as having which is caused by, or especially incident to, or
been contracted due to or at least the risk of the natural consequence of, the particular
contracting the same had been increased by the employment in which the workman is engaged,
working conditions to which the deceased had which results from exposure therein to hazards
been subjected as a public school teacher, and greater or different than those involved in
accordingly, ordered respondent Government ordinary living, which generally develops
Service Insurance System to pay death benefits, gradually over a considerable period of time in
reimburse medical and hospital expenses duly the employment, and which industry has not
supported, funeral expenses and attorneys fees. learned to fend against or eliminate.

On May 2, 1984, respondent GSIS filed In determining the cause of disability,


a motion for reconsideration based on the and whether the cause was an occupational
following grounds: disease within the provisions of the statute, all
1) reasonable work-connection is required by the factors must be taken into consideration; and
law for an employees'compensation claims, the whether a disease is compensable must be
alleged fact of impossibility of proof determined on the basis of the particular facts
notwithstanding; involved in each case and the peculiar
2) the legal requirement of work-connection characteristics of each employment
should prevail upon the general liberality of the
law; In the case at bar, this Honorable Court
3) award of attorney's fees is not within the went on to describe in detail the physical, mental
contemplation of the law and which this Court and emotional pressures undergone by the
had previously reduced to 5% (p. 82, rec.). deceased public school teacher who entered the
service in perfect health was not confined in the
Issue: classroom but engaged in other school activities,
Whether the disease which caused the death of was exposed to the elements, missed her meals
Agustina Panotes has a reasonable work- because of workloads, etc.all of which factors
connection despite cause of the ailment being weakened her body resistance and made her
unknown susceptible to diseases.

Held: It is apparent from respondent's


Yes. The motion for reconsideration is arguments that what it seeks is a direct, actual
devoid of merit. proof of the causal connection between the fatal
disease and the working conditions of the
The respondent contends that the deceased. WE, however, rule in this case as WE
standard reasonable work connection for did in the other cases that actual proof of
compensation of cases was rendered causation is not necessary to justify
meaningless because the petitioner was granted compensability. The degree of proof required to
death benefits despite the fact that the cause of establish proof of work-connection between
her colon cancer is unknown. Adding that it ailment and the deceased's employment is only
would be unfair to grant compensation to cases substantial evidence or reasonable work
where causes of disease are unknown compared connection
to those whose causes are known but cannot be
proved as work-connected. Respondent GSIS

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Finally, with respect to the award of Yes.


attorney's fees, respondent argues that the The theory of increased risk is applicable
award is not proper or should have been reduced in the instant case. The SC had the occasion to
to only 5% of the compensation claim. The interpret the theory of increased risk in the case
argument is devoid of merit. There is no of Cristobal v. Employees Compensation
prohibition against imposing attorney's fees on Commission that to establish compensability
the employer, for the benefit of the counsel for under the said theory, the claimant must show
the claimant proof of work-connection. Impliedly, the degree
of proof required is merely substantial evidence,
which means such relevant evidence to support

20
Ruth Jimenez v. ECC a decision or clear and convincing evidence. In
GR No. 58176, March 23, 1984 this connection, it must be pointed out that the
strict rules of evidence are not applicable in
claims for compensation.

Respondents however insist on evidence


Facts: which would establish direct causal relation
Petitioner is the widow of Alfredo between the disease rectal cancer and the
Jimenez, a constable in the Philippine employment of the deceased. Such a strict
Constabulary since 1969. requirement which even medical experts cannot
support considering the uncertainty of the nature
In 1978 he was confined at V Luna of the disease would negate the principle of the
Medical Center where he was diagnosed of aortic liberality in the matter of evidence, Apparently,
aneurysm, medrastinal tumor. His ailment what the law merely requires is a reasonable
continued and became more serious leading to work-connection and not a direct causal relation.
his death on May 12, 1980. The cause of death, This kind of interpretation gives meaning and
as found by the doctors, is "bronchogenic substance to the liberal and compassionate spirit
carcinoma" which is a malignant tumor of the of the law as embodied in Article 4 of the new
lungs. Labor Code which states that all doubts in the
implementation of the provisions of this Code,
In June 1980 an administrative hearing including its implementing rules and regulations
was conducted before the PC Board, the findings shall be resolved in favor of labor.
that the subject enlisted man died in line of
duty, the he is a member of the PC, died through The case deals with possibilities and
bronchonegenic carcinoma; and that he died not medical authorities have given credence to the
as a result of misconduct and did not violate any stand of the petitioner that her husband
provisions of the articles of war. The board then developed bronchogenic carcinoma while working
recommended all benefits due to the subject. as a soldier with the Philippine Constabulary. The
records show that when the deceased enlisted
Nevertheless, petitioner filed a claim for with the Philippine Constabulary in 1969, he was
death benefits under PD No. 626, as amended found to be physically and mentally healthy. A
with the respondent GSIS. Said claim was denied soldiers life is a hard one. As a soldier assigned
by the GSIS on the ground that her husbands to field duty, exposure to the elements, dust and
death is not compensable "for the reason that dirt, fatigue and lack of sleep and rest is a
the injury/sickness that caused his death is not common occurrence. Exposure to chemicals while
due to the circumstances of the employment or handling ammunition and firearms cannot be
in the performance of the duties and discounted.
responsibilities of said employment". It is also the
opinion of the respondent that since there is SC took note also of the fact that he
evidence of the deceased to be a smoker, "the became the security of one Dr. Emilio Cordero of
late Sgt. Jimenez may have indulged heavily in Anulung, Cagayan, and he always accompanied
smoking and drinking, not merely occasionally. the doctor wherever the latter went. Such
ECC affirmed the decision. assignment invariably involved irregular working
hours, exposure to different working conditions,
Issue: and body fatigue, not to mention psychological
Whether her husbands death from bronchogenic stress and other similar factors which influenced
carcinoma is compensable under the law. the evolution of his ailment.

Held:

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Atty. R. Raypon
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In compensation cases. strict rules of the scene of the accident. There is no question
evidence are not applicable. A reasonable work- that the maintenance of the rails was the
connection is all that is required or that the risk responsibility of the petitioner, and that this
of contracting the disease is increased by the responsibility was not discharged.
working conditions." Respondent GSIS was According to Jose Treyes, its own
ordered to pay death benefits, reimburse medical witness, who was in charge of the control and
and hospital expenses and burial expenses. supervision of its train operations, cases of
derailment in the milling district were frequent
and there were even times when such
derailments were reported every hour. The

21
Ma-Ao Sugar Central Co v. CA petitioner should therefore have taken more
GR No. 83491, August 27, 1990 prudent steps to prevent such accidents instead
of waiting until a life was finally lost because of
its negligence. The argument that no one had
been hurt before because of such derailments is
of course not acceptable. For what is important is
Facts: that the petitioner should act on these reports
On March 22, 1980, Julio Famoso was and not merely receive and file them. The fact
riding with a co-employee in a cargo train of the that it is not easy to detect if the fish plates are
petitioner, when the locomotive was suddenly missing is no excuse either. The fact that the fish
derailed. He and his companion jumped off to plates were not found later at the scene of the
escape injury, but the train fell on its side, caught mishap may show they were never there at all to
his legs by its wheels and pinned him down. He begin with or had been removed long before. At
was declared dead on the spot. The claims for any rate, the absence of the fish plates
death and other benefits having been denied by whatever the cause or reason is by itself alone
the petitioner, the herein private respondent filed proof of the negligence of the petitioner.
suit in the Regional Trial Court of Bago City. RTC Obviously, merely ordering the brakemen and
ruled in her favor but deducted from the total conductors to fill out prescribed forms reporting
damages awarded 25% thereof for the derailments-which reports have not been acted
decedent's contributory negligence and the total upon as shown by the hourly derailments is-not
pension that would be received from the SSS for the kind of supervision envisioned by the Civil
the next five years. The widow appealed, Code.
claiming that the deductions were illegal. So did
the petitioner, but on the ground that it was not We also do not see how the decedent
negligent and therefore not liable at all. On can be held guilty of contributory negligence
appeal, the CA sustained the rulings of the trial from the mere fact that he was not at his
court except as to the contributory negligence of assigned station when the train was derailed.
the deceased and disallowed the deductions That might have been a violation of company
protested by the private respondent. rules but could not have directly contributed to
his injury. Contributory negligence has been
Issues: defined as "the act or omission amounting to
1. Whether CA erred for finding the want of ordinary care on the part of the person
petitioner guilty of negligence notwithstanding its injured which, concurring with the defendant's
defense of due diligence under Article 2176 of negligence, is the proximate cause of the injury."
the Civil Code and for disallowing the deductions It has been held that "to hold a person as having
made by the trial court. contributed to his injuries, it must be shown that
he performed an act that brought about his
2. Whether the CA erred in injuries in disregard of warnings or signs of an
disauthorizing the deduction from the total impending danger to health and body." There is
damages awarded the private respondent by the no showing that the caboose where Famoso was
SSS. riding was a dangerous place and that he
recklessly dared to stay there despite warnings or
Held: signs of impending danger.
1. No. Investigation of the accident
revealed that the derailment of the locomotive 2. No. Art. 173 of the Labor Code, as
was caused by protruding rails which had come amended provides that any amount received by
loose because they were not connected and fixed the heirs of a deceased employee from the
in place by fish plates. Fish plates that should Employees Compensation Commission, whose
have kept the rails aligned could not be found at funds are administered by the SSS, shall be

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Atty. R. Raypon
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exclusive of all other amounts that may otherwise Whether the death of the laborer be
be claimed under the Civil Code and other considered to rise out of and inside of his
pertinent laws. The amount to be paid by the SSS employment.
represents the usual pension received by the
heirs of a deceased employee who was a Held:
member of the SSS at the time of his death and Yes. Such acts as are reasonably
had regularly contributed his premiums as necessary to the health and comfort of an
required by the System. The pension is the employee while at work, such as satisfaction of
benefit derivable from such contributions. It does his thirst, hunger, or other physical demands, or
not represent the death benefits payable under protecting himself from excessive cold, are
the Workmen's Compensation Act to an employee nevertheless incidental to the employment, and
who dies as a result of a work-connected injury. injuries sustained in the performance of such act
Indeed, the certification that the respondent are generally held to be compensable as arising
herein is receiving a monthly pension from SSS out of and in the course of the employment. That
submitted by the petitioner does not indicate that Santos Romeo was in the kitchen of appellant's
the pension is to be taken from the funds of the house and not at his usual place of work does
ECC. not bring the case out of the operation of the rule
previously quoted, for the reason that the laborer
Famoso's widow and nine minor children was practically driven to that place through the
have since his death sought to recover the just appellant's fault in not providing an adequate
recompense they need for their support. Instead supply of drinking water at the warehouse.
of lending a sympathetic hand, the petitioner has
sought to frustrate their efforts and has even Appellant urges that the dog bite was
come to this Court to seek our assistance in provoked by Santos' trying to take the fish away
defeating their claim. That relief-and we are from the puppy and hence, while he was
happy to say this must be withheld. engaged in an independent activity. But the act
of the deceased was practically an instinctive

22
Chua Yeng v. Michaela Roma one, that would naturally be expected from any
GR No. L-14827, October 31, 1960 person in his position. Moreover, it was motivated
by a sense of loyalty to his employer, a desire to
protect the latter's property, that cannot be
deemed wholly foreign to the duties of the
Facts: laborer as such.

Santos Romeo was, on May 16, 1956, At any rate, the resulting injury is not
working for petitioner as cargador in loading and without causation in the conditions under which
unloading copra at the former's warehouse. In deceased was required to perform his work. It
the morning of that day, after asking permission appears that there were no adequate and
from his employer, Santos Romeo went to sanitary means of water supply in the place of
petitioner's house just across the street from the work; that petitioner's workers used, for drinking
warehouse to get a drink of water, the water purposes, water from a well at the back of the
pump in the warehouse being out of order and warehouse; that this well was out or order at the
no supply being available. Reaching the kitchen time of the incident, so that the deceased had to
of said house and while he was drinking, he saw cross a wide public street to petitioner's house
a puppy eating some fried fish inside an open just to get a drink, thereby exposing himself to
cabinet. He tried to drive away the puppy, but as hazards which may well have been avoided if
the puppy still continue to eat the fish, Santos there were drinking facilities at, or more
made a motion with hand to drive it away, in the proximate to, the place of work. Finally, the
course of which his right hand was bitten by said Workmen's Compensation Act being a social
puppy. On June 26, 1958, Santos Romeo died of legislation, and in line with the intent of the law
hydrophobia from the dog bite. It appears that to effect social justice, the provisions thereof
the puppy was not owned by petitioner. should be liberally construed in favor of the
Appellant contends that, under the circumstances workingman
narrated, the death of the laborer cannot be
considered to arise "out of and in course" of his

23
Visayan Stevedore & Trans Co. v.
employment.
WCC, Julieta Labiyo
GR No. L-26657, September 12, 1974
Issue:

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Atty. R. Raypon
1st Semester, AY 2014-2015

Facts: We do not think that the main point


The deceased, employed as engineer by pressed by petitioner, namely, that death caused
Visayan Stevedore & Transportation Company by "bangungot" is not compensable, is at all
with a monthly salary of P235.00 was part of a 3- decisive in the case at bar. What is not denied,
man crew of the tugboat "M/T DILIS." His main and this is crucial insofar as the compensability of
duty consisted in his starting the engine and Eduardo Labiyo's death is concerned, is that
seeing to it that it functioned properly during the when death came to the deceased he was in
voyage, with the actual navigation of the tugboat active duty as an engineer-employee of the
being the responsibility of his 2 other petitioner. This being the case, the need to
companions, the "Patron" who controlled the pinpoint the cause of his death as work
wheel and a helper (timonel) who operated the connected in order to render it compensable
rudder. assumes very little importance. "(It) is to be
presumed, under section 44 of the Workmen's
According to Federico Sespene, "patron" Compensation Act, as amended, that the
of the tugboat when the deceased died, prior to employee's death, supervening at the time of his
that they were ordered to tow and load cargos. employment, either arose out of, or was at least
They also had to shift or bring barges and as a aggravated by said employment. With this legal
consequence of this work, they were compelled presumption the burden of proof shifts to the
to stay in the tugboat. While they were employer, and the employee is relieved of the
navigating Eduardo visibly tired and inactive burden to show causation. ... The mere opinion
asked permission to take a rest and was granted. of doctors presented by petitioner as evidence
But when he was called to start the engine, there cannot prevail over the presumption established
was no answer from him. The quartermaster was by law."
the one who responded instead and was ordered
to wake up Eduardo, who at the time was already Jurisprudence provides that it proceeds
dead. It was about 6:30am in the morning of from an awareness of the fact that when an
February 17, 1964. employee undertakes to satisfy, in the course of
employment, certain human wants, i.e. eating,
A subsequent autopsy of the deceased's freshening up, sleeping and the like, "and
remains conducted by Dr. Raymundo L. Torres, something takes place that may cause injury,
the assistant medicolegal officer of the Iloilo City harm or death to the employee or laborer, it is
Police Department, traced the cause of fair and logical that the happening be considered
Eduardo Labiyo's death to "bangungot." as one occurring in the course of employment for
On March 16, 1964 respondent Julieta Labiyo, under the circumstances it cannot be undertaken
the widow, filed a claim for compensation with in any other way unless it can be clearly shown
the Department of Labor, Regional Office No. VII, that the mishap occurred because the employee
Iloilo City. After appropriate proceedings, the acted beyond his duty or outside the course of
acting referee of the Workmen's Compensation employment, which is not so in the case at bar.
Unit in Iloilo City dismissed the case upon a
finding that "the cause of death of Eduardo

24
Natividad Bellosillo v.
Labiyo did not arise out of and was aggravated City of Manila
by the nature of his employment." Upon review GR No. 34552, November 9, 1931
this decision was set aside by the Workmen's
Compensation Commission in a decision dated
June 16, 1966, ordering at the same time the
Facts:
petitioner to pay compensation benefits, burial
This is an action to recover from the City
expenses and costs. Petitioner thereafter moved
of manila the sum of P937.60 as compensation to
to reconsider but the Commission, in a resolution
the widow and minor child of Andres Taborda
en banc dated August 30, 1966, denied the
under the Workmens Compensation Act. The
motion.
deceased Taborda was a laborer in the employ of
the City and at the time the accident occurred, he
Issue:
was then assigned to work on Dewey Boulevard.
Whether petitioner VISAYAN STEVEDORE &
TRANSPORTATION COMPANY liable to pay
During working hours, in answer to a
benefits and other expenses to respondent.
call of nature, Taborda with another laborer
crossed Dewey Boulevard to the shore of Manila
Held:
Bay. On their way back, Taborda was run over by
Yes .

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a garage car which was negligently drive, thus 2. That the road was dangerous forming a steep
causing his death. slope and the curve of the road was very near
the accident;
Issue: 3. That the machine of the truck was very
(1) Whether the accident was due to and in defective as the truck that met the accident has
pursuance of the employment no more brakes at the time it was going down at
(2) Whether the injury was caused by the a distance of 5 kms;
notorious negligence of the deceased. 4. That the trip in question was personal to meet
the relative of the wife of the deceased and the
Held: loading of the lumber on that day SUNDAY was
never authorized by the respondent nor any of its
(1) The injury was caused by an accident due to representatives.
and in the pursuance of the employment. The 5. That the trip was made solely at the instance
workman was then employed by the City and in of the deceased;
the course of that employment, it was necessary 6. That the dump truck that met the accident was
for him to relieve himself. As there were no toilet not registered in the Motor Vehicle Office as the
accommodations available, he was compelled to same must be utilized only in carrying slabs
cross the street. It cannot then be said that the inside the sawmill compound; so that its brakes
workman, to satisfy a call of nature, went to a are not in good condition and unworthy to be
dangerous and unauthorized place. taken to the public highway;
7. That despite the defective condition of the
(2) Neither was there notorious negligence which truck the deceased (Vicente Soriano Sr.) still
implies willful negligence, and that is not the drove the truck until he met the accident;
equivalent of contributory negligence or simple 8. That the members of his family were all seated
negligence. The law would serve little purpose if in the front seat and immediately preceding the
the general rules relating to damages and accident his Jr. jump into his arms as a
negligence were invariably invoked. consequence of which he lost control of the
steering wheel thus hitting a kilometer post.

25
Davao Gulf Lumber Corporation (Affidavit of Mario Bariquit). (Exh. 7-B)
v. Hon. Del Rosario
GR No. L-115978, December 29, 1960
Issue:
Whether or not Soriano was guilty of notorious
negligence barring his death from being
compensable.
Facts:
On September 29, 1967, the truck of Held:
Davao Gulf Lumber Corporation carrying some No, the court finds that Soriano was
lumber from its sawmill to Davao City, without negligence in the performance of his
accidentally overturned on the road. Vicente duties. The truck was running fast just before
Soriano, its driver, was killed instantly together overturning because it was then on a slope, and
with his son, Vicente Soriano Jr. (as declared by the Commission) the "gear of the
truck went out of order rendering the gear shift
His widow, Flavia A. Soriano, claimed useless," and that the brake "would not
compensation on November 11, before the function." As to the fourth and fifth
Regional Office No. 8, at Davao, of the circumstances, the Commissioner's decision says
Department of Labor. Having found the driver the Company consented to or authorized the trip.
guilty of notorious negligence, the hearing officer
denied compensation. Concerning the non-registration of the
truck in Motor Vehicle Office, and its defective
On appeal, the Chairman of the condition - there is no finding that the driver
Workmen's Compensation saw differently. He knew this at the time of driving. Registration of
found no such negligence, and awarded the vehicle was not his concern.
compensation.
Notorious negligence was imputed to the driver As to the presence of members of his
because: family in the vehicle, supposing it was in violation
1. Preceding the accident the truck was running of company regulations, it is not certain that it
40 to 50 kilometers per hour; caused the accident. 1Indeed, as his wife and
children were present, this driver must have been

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Atty. R. Raypon
1st Semester, AY 2014-2015

extremely careful - not reckless. What happened


must have been unforeseen; it may only be Facts:
blamed upon the worn-out condition of the motor On August 23, 1951, at 6:00 a.m, the
transport or as an "accident," for which the deceased Mamador together with other laborers
employer is responsible, it having arisen out of of Marinduque Iron Mines Agents Inc. (Petitioner
and in the course of the deceased's regular Company) boarded a truck belonging to the
duties as driver. latter, which was then driven by one Procopio
Macunat, also employed by the corporation, and
The death was, consequently, on its way to their place of work at the mine
compensable. The Commission and this Court camp at Talantunan, while trying to overtake
find no notorious negligence. another truck on the company road, it turned
Judgment affirmed, with costs. over and hit a coconut tree, resulting in the death
of said Mamador and injury to the others.
Batangas Transportation

26
Procopio Macunat was prosecuted, convicted and
Company v. Vda de Rivera sentenced to indemnify the heirs of the
GR No. L-7658, May 8, 1956 deceased. He has paid nothing however, to the
latter.

Referee Ramon Villaflor of the


Workmens Compensation Commission (the
Facts:
Commission) awarded compensation to the heirs
Aurelio Rivera was one of the petitioner's bus
of Pedro Mamador for his accidental death to be
driver. While he was driving his bus, a passenger
paid by Petitioner Company which was confirmed
shot him from behind leading to his death. At the
by the Workmens Compensation Commissioner
hearing before the Workmen's Compensation
in an order. The Petitioner Company, thru its Vice
Commission, the petitioner claimed that the
President, denied its liability under the
motive behind the killing was personal. However,
Workmens Compensation Act, as amended.
he failed to prove this.
Petitioner Company questioned by certiorari said
order before the Supreme Court.
Issue:
Whether in the absence of proof of motive for the
Issues:
killing, the heirs of the deceased driver are
(1) Whether or not proceedings before the
entitled to compensation.
Commission are not valid because Petitioner
Company had not been given the opportunity to
Held:
cross-examine the opposing witnesses.
If it is proved that the employee died in
the course of the employment, the legal
(2) Whether or not the claim was barred by
presumption is that the claim comes within the
section 6 of the Workmens Compensation Law,
provisions of the compensation law. Here, the
because (a) Macunat was prosecuted and
driver died in the course of the employment. In
required to indemnify the heirs of the deceased
defense, the petitioner alleged before the
and (b) an amicable settlement was concluded
commission that the cause of death was a
between said heirs and Macunat. The settlement
"personal grudge" on the part of the assailant,
consisted of an affidavit wherein, for the sum of
but they failed to prove this. In the absence of
150 pesos, Mamadors widow promised to
proof on the part of the employer to support its
forgive Macunat for the wrong committed and
defense, the statutory presumption that the
not to bring him before the authorities for
death of the employee arose out of employment
prosecution.
should prevail. This is in line with Section 6,
Article XIV of the constitution, which enjoins the
(3) Whether or not the deceased has no right to
state "to afford protection to labor".
compensation for having violated the employers
prohibition against laborers riding the haulage
Judgement affirmed.
trucks constituting notorious negligence which
under the law, precludes recovery.

27
Marinduque Iron Mines Agents Held:
v. WCC (1) No, the proceedings before the
GR No. L-8110, June 30, 1956 Commission are valid because Petitioner
Company was given notice, and therefore had
the chance, to examine and cross-examine the

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

witnesses against it. Records show that pursuant those paid or allowed under this Act, such excess
to a request made by this Commission on March shall be delivered to the injured employee or any
28, 1953 to investigate the case, the Public other person entitled thereto, after deduction of
Defender of Boac notified Geronimo Ma. Coll and the expenses of the employer and the costs of
the general manager of the Petitioner Company, the proceedings. The sum paid by the employer
Mr. Eric Lenze, to appear before him in an for compensation or the amount of compensation
investigation twice when neither of them to which the employee or his dependents are
appeared after the first notice, and when only Mr. entitled, shall not be admissible as evidence in
Geronimo Ma. Coll appeared on the second. In any damage suit or action.
an investigation conducted on February 8, 1954
by Referee Villaflor, the Petitioner Company thru (3) No, the deceased (or his heirs) has
Mr. Lenze who was assisted by counsel, was the right to compensation because the order of
allowed to examine the records of the case the employer (prohibition rather) could not be of
including the sworn declaration of Ma. Coll and a greater obligation than the rule of a
was given all the opportunity to rebut the same Commission or board. The referee correctly
by additional evidence. Furthermore, the statute considered this violation as possible evidence of
(Section 48, Act 3428 as amended) even permits negligence but it declared that under the
the Commissioner (or his referee) to take circumstance, the laborer could not be declared
testimony without notice provided such ex parte to have acted with negligence since the
evidence is reduced to writing, and the adverse prohibition had nothing to do with personal
party is afforded opportunity to examine and safety of the riders. Such finding is virtually a
rebut the same which was done in this instance. finding of fact which the Supreme Court may not
overrule in this certiorari proceeding.
(2) No, because as already decided in Nevertheless, even granting there was
Nava v. Inchausti Co. (57 Phil 751), the negligence, it surely was not notorious
indemnity granted to the heirs in a criminal negligence, which have been interpreted to mean
prosecution of the other person does not affect the same thing as gross negligence. Getting or
the liability of the employer to pay compensation. accepting a free ride on the companys haulage
It was erroneous for the Petitioner Company to truck could not be gross negligence, for as the
contend that the criminal case and its outcome referee found, no danger or risk was apparent.
constituted an election by the employee (or his Also, the Commission has not declared that the
heirs) to sue the third person, such election prohibition was known to Mamador and the
having the effect of releasing the employer. The employer does not point out in the record
criminal case was not a suit for damages against evidence to that effect.
the third person, it being alleged, without
contradiction that the heirs did not intervene

28
Emilia vda De Inguillo v. ECC
therein and have not so far received the
GR No. L-51543, June 6, 1989
indemnity ordered by the court. As to the alleged
amicable settlement, all the widow promised was
to forego the offenders criminal prosecution not
the compensation.
Facts:
Section 6 of the Workmens Compensation Law Petitioner's husband, the late Enrique V.
provides as follows: Inguillo, during his lifetime, worked as a janitor
Sec. 6. Liability of third parties. In case an at the E. Jacinto Elementary School in Tondo,
employee suffers an injury for which Manila. He was in the government service for
compensation is due under this Act by any other thirty-one (31) years. From February 25 to June
person besides his employer, it shall be optional 5, 1978, he was confined at the Veteran's
with such injured employee either to claim Memorial Hospital on "complaints of difficulty in
compensation from his employer, under this Act, swallowing of food, solid and liquid, accompanied
or sue such other person for damages, in by chest pains difficulty of breathing, fever and
accordance with law; and in case compensation productive cough." As indicated in his Death
is claimed and allowed in accordance with this Certificate, he died on June 20, 1978, at the age
Act, the employer who paid such compensation of 52, the cause of death being attributed to
or was found liable to pay the same, shall "Terminal malignancy, Poorly differentiated
succeed the injured employee to the right of Esophageal Edenocarcinoma with Bone and
recovering from such person what he paid: Cervical Metastasis, Pneumonia."
Provided, That in case the employer recovers
from such third person damages in excess of

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

The surviving spouse, Emilia Inguillo,


filed a claim for death benefits with the GSIS. Noteworthy is the fact that the
The claim was denied on the ground that the decedent's complaint of "difficulty in swallowing
cause of death, cancer of the esophagus, is not of food, solid and liquid" was accompanied by
an occupational disease. A motion for "chest pains, difficulty of breathing, fever and
reconsideration of the GSIS decision having been productive cough." The latter are clearly some of
denied, claimant-petitioner appealed to the above-specified symptoms of pneumonia,
respondent ECC. On August 9, 1979 respondent which by itself can also be a killer disease
ECC affirmed the GSIS denial and dismissed (Harrison's Principles of Internal Medicine, 8th
petitioner's claim. Hence, she filed a petition for ed., pp. 802-804). Further, a review of the
review before the Supreme Court. deceased's work activities, as janitor, will show
that they included the regular use of "deleterious
Issue: Whether or not the death of petitioner's substances" such as muriatic acid, the fumes
husband is compensable. from which are inhaled when used in cleaning
and clearing of toilet bowls and unclogging of
Held: toilet pipes and plumbing connections. The
Yes, although cancer ailments, except deceased also performed other varied manual
for specified few, are not compensable, ECC work such as sweeping, scrubbing and mopping
failed to adequately take into consideration that school corridors, with the resultant inhalation of a
there was another cause of death which was lot of dust, lifting heavy objects, painting
pneumonia. Even though, all of the qualifying classrooms, preparing seats for pupils during
conditions to consider pneumonia compensable school programs, as well as going to and from his
do not concur as provided by Annex A of the place of work thus exposing him to occasional
Amended Rules on Employees Compensation, "wetting and chilling" from downpours and rains.
there was substantial compliance therewith, The combination of all these, coupled with the
added to the fact that punctilious adherence to fact that the decedent was working in Tondo, a
stringent technical rules may be relaxed in the depressed and congested area characterized by
interest of the working man, who has less in life, unsanitary conditions and heavy pollution, must
and in consonance with the avowed policy of the have lowered his resistance to fight the microbes
State to give maximum aid and protection to causative of pneumonia. The risk of contracting
labor. the said disease, therefore, was increased by his
working conditions, thereby satisfying an
Under the Annex "A" of the Amended Rules on additional condition for compensability.
Employees' Compensation, pneumonia is a
qualifiedly occupational disease under all the
following conditions:

29
Carolina Clemente v. GSIS, ECC
GR No. L-47521, July 31, 1987
(a) There must be an honest and definite history
of wetting and chilling during the course of
employment, also industrial injury to the chest
wall with or without rib fracture, or inhalation of
Facts:
noxious gases, fumes and other deleterious
Petitioner is the wife of the late Pedro
substances in the place of work.
Clemente. Pedro was a janitor in the Department
(b) There must be a direct connection between
of Health, assigned at the Ilocos Norte Skin Clinic
the offending agent or event and the worker's
for 10 years. He was hospitalized for 11 days in
illness.
1976 due to his ailment of nephritis. He was
(c) The signs of consolidation should appear soon
also found to be suffering from such ailments as
(within a few hours) and the symptoms of initial
portal cirrhosis and leprosy.
chilling and fever should at least be twenty-four
In November 1976, Pedro died of
(24) hours after the injury.
uremia due to to nephritis. His wife filed a claim
(d) The patient must present one of the following
with the GSIS for employees compensation but
findings within a few days of the accident:
the same was denied because the ailments of her
(1) Severe chill and fever.
husband are not occupational diseases and/or
(2) Headache and pain, agonizing in character in
were not in the least causally related to his duties
the side.
and conditions of work. ECC affirmed the decision
(3) Short, dry painful cough with blood-tinged
of GSIS. Petitioner argues that the death of her
expectoration.
husband is compensable under the theory of
(4) Physical signs of consolidation with fine rales
(ECC Resolution No. 432 dated July 20, 1988).

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Social Legislation
Atty. R. Raypon
1st Semester, AY 2014-2015

increased risk. Respondent GSIS asked to be same was denied because the cause of death is
dropped as a party. not an occupational disease nor the result of the
deceaseds nature of occupation as prison guard.
Issues:
(1) Whether there is sufficient evidence to Issue:
sustain theory of increased risk Whether cancer of the stomach is an occupation
(2) Whether the fact that Pedros existing ailment disease and hence, compensable under PD 626.
was aggravated by his work may still be
compensable when this is no longer a ground for Held:
compensation under the present law. No.
(3) Whether GSIS may be dropped as a party.
Under Art. 167 (b) of the New Labor
Held: Code and Section I (b), Rule III of the Amended
(1) Yes, for Pedro worked in a skin clinic and as a Rules on Employees Compensation, for the
janitor, he was exposed to different carriers of sickness and the resulting disability or death to
viral and bacterial diseases. He had to clean the be compensable, the sickness must be the result
clinic itself where patients with different illnesses of an occupation disease listed under Annex A
come and go. He had to put in order the hospital of the Rules with the condition set therein
equipment that had been used. He had to satisfied; otherwise, proof must be shown that
dispose garbage and wastes that accumulated in the risk of contracting the disease is increased by
the course of each working day. He was the the working conditions.
employee most exposed to dangerous
concentration of infected materials, and not Under the Labor Code, cancer of the
being a medical practitioner, least likely to know stomach is not an occupation disease. In ECC
how to avoid infection. Resolution No. 247-A, cancer of the stomach and
other lymphatic and blood forming, vessels was
It is therefore not unreasonable to considered occupational only among
conclude that Pedros working conditions woodworkers; wood products industry
definitely increased the risk of his contracting the carpenters, loggers and employees in pulp and
aforementioned ailments. paper mills and plywood mills. The complained
illness is therefore not compensable under the
(2) Yes, the fallacy in the theory of respondent is first group provided in the Labor Code.
its failure to explain how a sick person was able
to enter the government service more than ten Under the second group for
year before he became too ill to work and at a compensability, it should be shown that an illness
time when aggravation of disease was still is caused by employment and that the risk of
compensable. There is no evidence to show that contracting the same is increased by working
pedro was hired inspite of having an existing conditions. Petitioner failed to show that the
disease liable to become worse. conditions, i.e. missed meals, overtaken by rain,
work at night, brought about cancer of the
(3) No, GSIS should not be dropped as a party in stomach.
the case for it is the ultimate implementing
agency of the ECC. Why is it important to determine which law is
applicable?
Gliceria Casumpang v. ECC, Under the former Workmens Compensation

30
Act or Act. No. 3428, the claimant was relieved of the
GSIS and BoP
duty to prove causation as it was ten legally presumed
GR No. L-47521, July 31, 1987
that the illness arose out of employment under the
presumption of compensability. (Tortal v. WCC)

However, under the new law, the principles


of aggravation and presumption of compensability have
Facts: been stricken off by lawmakers as grounds for
Petitioner is the widow of the late Jose compensation. In order to be compensable, the injury
Casumpang. or illness must be listed under Annex A with the
conditions set therein or it must be shown that the risk
Jose Casumpang was a prison guard of of contracting the disease is increased by the working
the Bureau of Prisons with assignment at the San conditions.
Ramon Prison and Penal Farm in Zamboanga
City. He died due to cancer of the stomach.
When petitioner claimed for death benefits, the

27