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HEALTH, SAFETY, AND SOCIAL WELFARE BENEFITS ART. 166. [160] Qualifications of Health Personnel.

ART. 166. [160] Qualifications of Health Personnel. The physicians, dentists and nurses
employed by employers pursuant to this Chapter shall have the necessary training in industrial
Medical Dental and Occupational Safety, Articles 162-171 medicine and occupational safety and health. The Secretary of Labor and Employment, in
Employees’ Compensation, Articles 172-178 consultation with industrial, medical, and occupational safety and health associations, shall
establish the qualifications, criteria and conditions of employment of such health personnel.
ART. 162. [156] First-Aid Treatment. Every employer shall keep in his establishment such
first-aid medicines and equipment as the nature and conditions of work may require, in ART. 167. [161] Assistance of Employer. It shall be the duty of any employer to provide all
accordance with such regulations as the Department of Labor and Employment shall prescribe. the necessary assistance to ensure the adequate and immediate medical and dental attendance
and treatment to an injured or sick employee in case of emergency.
The employer shall take steps for the training of a sufficient number of employees in first-aid
treatment. ART. 168. [162] Safety and Health Standards. The Secretary of Labor and Employment shall,
by appropriate orders, set and enforce mandatory occupational safety and health standards to
ART. 163. [157] Emergency Medical and Dental Services. It shall be the duty of every eliminate or reduce occupational safety and health hazards in all workplaces and institute new,
employer to furnish his employees in any locality with free medical and dental attendance and and update existing, programs to ensure safe and healthful working conditions in all places of
facilities consisting of: employment.

(a) The services of a full-time registered nurse when the number of employees exceeds fifty ART. 169. [163] Research. It shall be the responsibility of the Department of Labor and
(50) but not more than two hundred (200) except when the employer does not maintain Employment to conduct continuing studies and research to develop innovative methods,
hazardous workplaces, in which case, the services of a graduate first-aider shall be provided techniques and approaches for dealing with occupational safety and health problems; to
for the protection of workers, where no registered nurse is available. The Secretary of Labor discover latent diseases by establishing causal connections Between diseases and work in
and Employment shall provide by appropriate regulations the services that shall be required environmental conditions; and to develop medical criteria which will assure insofar as
where the number of employees does not exceed fifty (50) and shall determine by appropriate practicable that no employee will suffer impairment or diminution in health, functional
order, hazardous workplaces for purposes of this Article; capacity, or life expectancy as a result of his work and working conditions.

(b) The services of a full-time registered nurse, a part-time physician and dentist, and an ART. 170. [164] Training Programs. The Department of Labor and Employment shall develop
emergency clinic, when the number of employees exceeds two hundred (200) but not more and implement training programs to increase the number and competence of personnel in the
than three hundred (300); and field of occupational safety and industrial health.

(c) The services of a full-time physician, dentist and a full-time registered nurse as well as a ART. 171. [165] Administration of Safety and Health Laws. (a) The Department of Labor
dental clinic and an infirmary or emergency hospital with one bed capacity for every one shall be solely responsible for the administration and enforcement of occupational safety and
hundred (100) employees when the number of employees exceeds three hundred (300). health laws, regulations and standards in all establishments and workplaces wherever they
may be located; however, chartered cities may be allowed to conduct industrial safety
In cases of hazardous workplaces, no employer shall engage the services of a physician or a inspections of establishments within their respective jurisdictions where they have adequate
dentist who cannot stay in the premises of the establishment for at least two (2) hours, in the facilities and competent personnel for the purpose as determined by the Department of Labor
case of those engaged on part-time basis, and not less than eight (8) hours, in the case of those and subject to national standards established by the latter.
employed on full-time basis. Where the undertaking is non-hazardous in nature, the physician
and dentist may be engaged on retained basis, subject to such regulations as the Secretary of (b) The Secretary of Labor may, through appropriate regulations, collect reasonable fees for
Labor and Employment may prescribe to insure immediate availability of medical and dental the inspection of steam boilers, pressure vessels and pipings and electrical installations, the
treatment and attendance in case of emergency. test and approval for safe use of materials, equipment and other safety devices and the
approval of plans for such materials, equipment and devices. The fee so collected shall be
ART. 164. [158] When Emergency Hospital Not Required. The requirement for an emergency deposited in the national treasury to the credit of the occupational safety and health fund and
hospital or dental clinic shall not be applicable in case there is a hospital or dental clinic which shall be expended exclusively for the administration and enforcement of safety and other labor
is accessible from the employer’s establishment and he makes arrangement for the reservation laws administered by the Department of Labor.
therein of the necessary beds and dental facilities for the use of his employees.
ART. 172. [166] Policy. The State shall promote and develop a tax-exempt employees’
ART. 165. [159] Health Program. The physician engaged by an employer shall, in addition to compensation program whereby employees and their dependents, in the event of work-
his duties under this Chapter, develop and implement a comprehensive occupational health connected disability or death, may promptly secure adequate income benefit and medical
program for the benefit of the employees of his employer. related benefits.
ART. 173. [167] Definition of Terms.116 As used in this Title, unless the context indicates to determine and approve occupational diseases and work-related illnesses that may be
otherwise: considered compensable based on peculiar hazards of employment.

(a) "Code" means the Labor Code of the Philippines instituted under Presidential Decree (m) "Death" means loss of life resulting from injury or sickness.
Numbered Four Hundred Forty-Two, as amended.
(n) "Disability" means loss or impairment of a physical or mental function resulting from
(b) “Commission” means the Employees’ Compensation Commission related under this Title. injury or sickness.

(c) "SSS" means the Social Security System created under Republic Act Numbered Eleven (o) "Compensation" means all payments made under this Title for income benefits and
Hundred Sixty-One, as amended. medical or related benefits.

(d) "GSIS" means the Government Service Insurance System created under Commonwealth (p) "Income benefit" means all payments made under this Title to the employee or his
Act Numbered One Hundred Eighty-Six, as amended. dependents.

(e) "System" means the SSS or GSIS, as the case may be. (q) "Medical benefit" means all payments made under this Title to the providers of medical
care, rehabilitation services and hospital care.
(f) "Employer" means any person, natural or juridical, employing the services of the
employee. (r) "Related benefit" means all payments made under this Title for appliances and supplies.

(g) "Employee" means any person compulsorily covered by the GSIS under Commonwealth (s) "Appliances" means crutches, artificial aids and other similar devices.
Act Numbered One Hundred Eighty-Six, as amended, including the members of the Armed
Forces of the Philippines, and any person employed as casual, emergency, temporary, (t) "Supplies" means medicine and other medical, dental or surgical items.
substitute or contractual, or any person compulsorily covered by the SSS under Republic Act
Numbered Eleven Hundred Sixty-One, as amended. (u) "Hospital" means any medical facility, government or private, authorized by law, an active
member in good standing of the Philippine Hospital Association and accredited by the
(h) "Person" means any individual, partnership, firm, association, trust, corporation or legal Commission.
representative thereof.
(v) "Physician" means any doctor of medicine duly licensed to practice in the Philippines, an
(i) "Dependents" means the legitimate, legitimated, legally adopted or acknowledged natural active member in good standing of the Philippine Medical Association and accredited by the
child who is unmarried, not gainfully employed, and not over twenty-one years of age or over Commission.
twenty-one years of age provided he is incapable of self-support due to a physical or mental
defect which is congenital or acquired during minority; the legitimate spouse living with the (w) "Wages" or "Salary", insofar as they refer to the computation of benefits, means the
employee; and the parents of said employee wholly dependent upon him for regular support. monthly remuneration as defined in Republic Act No. 1161, as amended, for SSS and
Presidential Decree No. 1146, as amended, for GSIS, respectively, except that part in excess
(j) "Beneficiaries" means the dependent spouse until he/she remarries and dependent children, of Three Thousand Pesos.
who are the primary beneficiaries. In their absence, the dependent parents and subject to the
restrictions imposed on dependent children, the illegitimate children and legitimate (x) "Monthly salary credit" means the wage or salary base for contributions as provided in
descendants, who are the secondary beneficiaries: Provided, That the dependent acknowledged Republic Act Numbered Eleven hundred sixty-one, as amended, or the wages or salary.
natural child shall be considered as a primary beneficiary when there are no other dependent
children who are qualified and eligible for monthly income benefit. (y) "Average monthly salary credit" in the case of the SSS means the result obtained by
dividing the sum of the monthly salary credits in the sixty-month period immediately
(k) "Injury" means any harmful change in the human organism from any accident arising out preceding the semester of death or permanent disability by sixty (60), except where the month
of and in the course of the employment. of death or permanent disability falls within eighteen (18) calendar months from the month of
coverage, in which case it is the result obtained by dividing the sum of all monthly salary
(l) "Sickness" means any illness definitely accepted as an occupational disease listed by the credits paid prior to the month of the contingency by the total number of calendar months of
Commission, or any illness caused by employment subject to proof that the risk of contracting coverage in the same period.
the same is increased by working conditions. For this purpose, the Commission is empowered
(z) "Average daily salary credit" in the case of the SSS means the result obtained by dividing ART. 176. [170] Effective Date of Coverage. Compulsory coverage of the employer during
the sum of the six (6) highest monthly salary credits in the twelve-month period immediately the effectivity of this Title shall take effect on the first day of his operation, and that of the
preceding the semester of sickness or injury by one hundred eighty (180), except where the employee, on the date of his employment.
month of injury falls within twelve (12) calendar months from the first month of coverage, in
which case it is the result obtained by dividing the sum of all monthly salary credits by thirty ART. 177. [171] Registration. Each employer and his employees shall register with the
(30) times the number of calendar months of coverage in the period. System in accordance with its regulations.

In the case of the GSIS, the average daily salary credit shall be the actual daily salary or wage, ART. 178. [172] Limitation of Liability. The State Insurance Fund shall be liable for
or the monthly salary or wage divided by the actual number of working days of the month of compensation to the employee or his dependents, except when the disability or death was
contingency. occasioned by the employee’s intoxication, willful intention to injure or kill himself or
another, notorious negligence, or otherwise provided under this Title.
(aa) "Quarter" means a period of three (3) consecutive months ending on the last days of
March, June, September and December. 184. JOSE B. SARMIENTO v. EMPLOYEES' COMPENSATION COMMISSION

(bb) "Semester" means a period of two consecutive quarters ending in the quarter of death, Facts: The late Flordeliza Sarmiento was employed by the National Power Corporation in
permanent disability, injury or sickness. Quezon City as accounting clerk in May 1974. At the time of her death on August 12, 1981
she was manager of the budget division. The deceased’s illness was a cancer known as
(cc) "Replacement ratio" - The sum of twenty percent and the quotient obtained by dividing “differential squarrous cell carcinoma”, and sought treatment in various hospitals. And on
three hundred by the sum of three hundred forty and the average monthly salary credit. August 12, 1981,she succumbed to cardiorespiratory arrest due to parotid carcinoma, and she
was 20 years old. Believing that the deceased’s fatal illness having been contracted during her
(dd) "Credited years of service" - For a member covered prior to January, 1975, nineteen employment was service-connected, Jose B. Sarmiento filed a claim for death benefits under
hundred seventy-five minus the calendar year of coverage, plus the number of calendar years PD 626. On September 9, 1982, the GSIS, through its Medical Services Center, denied the
in which six or more contributions have been paid from January, 1975 up to the calendar year claim. It was pointed out that the illness of Flordeliza was not caused by employment and
containing the semester prior to the contingency. For a member covered on or after January, employment conditions. Dissatisfied with the respondent’s decision of denial, Jose Sarmiento
1975, the number of calendar years in which six or more contributions have been paid from wrote a letter to the GSIS requesting that the records of the claim be elevated to the
the year of coverage up to the calendar year containing the semester prior to the contingency. Employees’ Compensation Commission for review pursuant to the law and the Amended
Rules on Employees’ Compensation. The respondent Commission affirmed the GSIS’
(ee) "Monthly income benefit" means the amount equivalent to one hundred fifteen percent of decision, it found that the deceased’s death is not compensable because she did not contract
the sum of: nor suffer from the same reason of her work but by reason of embryonic rests and epithelial
growth.
The average monthly salary credit multiplied by the replacement ratio; and
Issue: Whether or not the deceased’s illness under PD 626, compensable
One and a half percent of the average monthly salary credit for each credited year of service in
excess of ten years; Ruling: No. Parotid carcinoma or cancer of the salivary glands is not an occupational disease
considering the deceased's employment as accounting clerk and later as manager of the budget
Provided, That the monthly income benefit shall in no case be less than Two Hundred Fifty division. The petitioner must, therefore, prove that his wife's ailment was caused by her
Pesos (P250.00). employment or that her working conditions increased the risk of her contracting the fatal
illness.
ART. 174. [168] Compulsory Coverage.125 Coverage in the State Insurance Fund shall be
compulsory upon all employers and their employees not over sixty (60) years of age; 185. MANUEL BELARMINO, petitioner, vs. EMPLOYEES' COMPENSATION
Provided, That an employee who is over sixty (60) years of age and paying contributions to COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM, respondents
qualify for the retirement or life insurance benefit administered by the System shall be subject
to compulsory coverage. FACTS: Oania Belarmino was a classroom teacher of the Department of educationCulture and
Sports assigned at the Burucan Elementary School in Dimasalang, Masbatefor11 years.. On
ART. 175. [169] Foreign Employment. The Commission shall ensure adequate coverage of January 14, 1982, Mrs. Belarmino who was in her 8th month of pregnancy,accidentally slipped
Filipino employees employed abroad, subject to regulations as it may prescribe. and fell on the classroom floor. She complained of abdominal pain and stomach cramps but
she continuedreporting for work because there was much work to do .On January 25, 1982,
she went into labor and prematurely delivered a baby girlat home. Her abdominal pain
persisted even after delivery. When she was brought to the hospital, her physician informed However, when the father of the deceased made a claim from GSIS, the same was denied on
her that she was suffering from septicemia post partum (severe bacterial infection) due to the ground that the deceased was neither at his work place nor performing his duty as a soldier
infected lacerations of the vagina. After she was discharged from the hospital, she died three of the Philippine Army at the time of his death. This denial was confirmed by the respondent
days thereafter. The GSIS denied the claim on the ground that septicemia post partum, the ECC.
cause of death is an occupational disease and neither was there any showing that the
ailmentwas contracted by reason of her employment. On appeal to the Employees Issue: WON the death of Sgt. Hinoguin is compensable.
Compensation Commission, latter also denied the claim affirming the denial of the claim by
GSIS. Ruling: Article 167 (k) of the Labor Code as amended defines a compensable “injury” quite
simply as “any harmful change in the human organism from any accident arising out of and in
ISSUE: Whether of not the cause death of Mrs. Belarmino is not work-related and therefore the course of the employment.” The Amended (Implementing) Rules have, however,
not compensable. elaborated considerably on the simple and succinct statutory provision. Rule III, Section 1 (a)
reads:
Ruling: NO. The death of Mrs. Belarmino from septicemia post partum is compensable
because an employment accident and the conditions of her employment contributed to its SECTION 1. Grounds. (a) For the injury and the resulting disability or death to be
development. The condition of the classroom floor caused Mrs. Belarmino to slip and fall and compensable, the injury must be the result of an employment accident satisfying all of the
suffer injury as a result. The fall precipitated the onset of recurrent abdominal pains which following grounds:
culminated in the premature termination of her pregnancy with tragic consequences to her. Her
fall on the classroom floor brought about her premature delivery which caused the (1) The employee must have been injured at the place work requires him to be;
development of postpartum septicemia which resulted in death. Her fall therefore was that set (2) The employee must have been performing his official functions; and
in motion an unbroken chain of events, leading to her demise. The right to compensation the (3) If the injury is sustained elsewhere, the employee must have been executing an order for
proximate cause ( Cause or event that sets all other events in motion) extends to disability due the employer.
to disease supervening upon and proximately and naturally resulting from a compensable
injury. Where the primary injury is shown to have arisen in the course of employment, every The concept of a “work place” referred to in Ground 1, for instance, cannot always be literally
natural consequence that flows from the injury likewise arises out of the employment, unless it applied to a soldier on active duty status, as if he were a machine operator or a worker in an
is the result of an independent intervening cause attributable to claimant’s own negligence or assembly line in a factory or a clerk in a particular fixed office. Obviously, a soldier must go
misconduct. where his company is stationed. In the instant case, Aritao, Nueva Viscaya was not, of course,
Carranglan, Nueva Ecija. Aritao being approximately 1-1/2 hours away from the latter by
Mrs. Belarmino’s fall was the primary injury that arose in the course of her employment as a public transportation. But Sgt. Hinoguin, Cpl. Clavo and Dft. Alibuyog had permission from
classroom teacher, hence, all the medical consequences flowing from it: Here current their Commanding Officer to proceed to Aritao, and it appears to us that a place which
abdominal pains, the premature delivery of her baby, her septicemia post partum and death are soldiers have secured lawful permission to be at cannot be very different, legally speaking,
compensable. from a place where they are required to go by their commanding officer. They were not on
vacation leave.
186. Hinoguin vs Employees Compensation Commission GR 84307
It may be noted in this connection that a soldier on active duty status is really on 24 hours a
Facts: Sgt. Lemick Hinoguin was a sergeant in “A” company, 14th Infantry Battalion, 5th day official duty status and is subject to military discipline and military law 24 hours a day. He
Infantry Division, Philippine Army. On August 1, 1985, Sgt. Hinoguin, Cpl. Rogelio Clavo is subject to call and to the orders of his superior officers at all times, 7 days a week, except, of
and Dft. Nicomedes Alibuyog sought permission from Capt. Frankie Besas, to go on overnight course, when he is on vacation leave status (which Sgt. Hinoguin was not). Indeed, it appears
pass to Aritao, Nueva Viscaya. Capt. Besas orally granted them permission to go to Aritao and to us that a soldier should be presumed to be on official duty unless he is shown to have
to take their issued firearms with them considering that Aritao was regarded as “a critical clearly and unequivocally put aside that status or condition temporarily by, e.g., going on an
place.” The three soldiers went to Dft. Alibuyog’s home for a meal and some drinks. At approved vacation leave.
around 7:00 PM, the soldiers headed back to the headquarters. They boarded a tricycle. When
they reached the poblacion, Alibuyog dismounted from the tricycle. Not noticing that his Thus, we think that the work-connected character of Sgt. Hinoguins injury and death was not
rifle’s safety lever was on “semi-automatic,” he accidentally touched the trigger, firing a effectively precluded by the simple circumstance that he was on an overnight pass to go to the
single shot in the process and hitting Sgt. Hinoguin in the left lower abdomen. Sgt. Hinoguin home of Dft. Alibuyog, a soldier under his own command. Sgt. Hinoguin did not effectively
died a few days after the incident. In the investigation conducted by the 14th Infantry cease performing “official functions” because he was granted a pass. While going to a fellow
Battalion, it was found that the shooting of Sgt. Hinoguin was purely accidental in nature and soldier’s home for a few hours for a meal and some drinks was not a specific military duty, he
that he died in the line of duty. The Life of Duty Board of Officers recommended that all was nonetheless in the course of performance of official functions.
benefits due the legal dependents of the late Sgt. Hinoguin be given.
187. GSIS v CA & Alegre their deaths. In other words, the 24-hour duty doctrine should not be sweepingly applied to all
acts and circumstances causing the death of a police officer but only to those which, although
Facts: Private respondent, Felonilla Alegre, who was married to SP02 Florencio Alegre, not on official line of duty, are nonetheless basically police service in character.
claims that her husband was killed in relation to his duty when he was assigned in PNP station
in Vigan, Ilocos Sur. Said deceased was driving his tricycle and ferrying passenger with in the 188. Valeriano vs. ECC and GSIS, June 8, 2000 GR 136200
vicinity of Imelda Commercial Complex when he met SP04 Alejandro Tenorio Jr whom he
had an altercation with by reason the tour of duty the former was engaged with that led to Facts: Celestino Valeriano was employed as a firetruck driver. On the evening of July 3, 1985,
verbal tussle between the two police officers which transpire a fatal shooting that resulted to after having dinner with a friend, Valeriano met an accident and was severely injured when
the death of the deceased. Private respondent has now filed a claim for the death benefits she the vehicle he was on collided with another. Valeriano claimed for benefits from the GSIS
was entitled pursuant to PD 626 with petitioner, GSIS. GSIS denied such claim and was which the latter denied for being non-compensable. The ECC and CA sustained the system,
further affirmed by the ECC when a subsequent appeal was taken by private respondent. reasoning that the injury resulted not from an accident arising out of and in the course of
employment nor was it work-connected.
However CA reversed the decision of appellate courts stating that SP02 Alegre’s death was
within and has relation to work therefore compensable. A petition for review for certiorari was Issue: Whether or not the injuries sustained by Valeriano in the collision was compensable.
filed by the GSIS and was given due course. Petitioner contends that the guidelines are laid
and the following conditions should be satisfied and in order for one’s injury resulting to death Ruling: Valeriano’s injuries were non-compensable. Valeriano’s contention, citing the
or disability to be compensable. 1. The employee must have been injured at the place where Hinoguin and Nitura cases, that the 24-hour doctrine be applied to his case since the exigency
his work requires him to be; 2. The employee must have been performing his official of his job demand it to be so was held untenable by the Court. The Court did not find any
functions; . If the injury is sustained elsewhere, the employee must have been executing an reasonable connection between his injuries and his work as a firetruck driver. Applying the
order for the employer. Which the deceased has not satisfied therefore no death benefits may principle laid down in the Alegre case, the 24-hour doctrine is not meant to embrace all acts
be given to private respondent and circumstances of an employee though he be on active “on call” duty. Valeriano was
neither at his assigned work place nor in pursuit of the orders of his superiors when he met the
Issue: whether the death of SPO2 Alegre is compensable pursuant to the applicable laws and accident. He was also not doing an act within his duty and authority as a firetruck driver, or
regulations. any other act of such nature, at the time he sustained his injuries. In fact, he was pursuing a
purely personal and social function when the accident happened. The accident not work-
Ruling: No. Taking together jurisprudence and the pertinent guidelines of the ECC with connected was, therefore, non-compensable.
respect to claims for death benefits, namely: (a) that the employee must be at the place where
his work requires him to be; (b) that the employee must have been performing his official 189. GENEROSO ALANO, petitioner, vs. EMPLOYEES' COMPENSATION
functions; and (c) that if the injury is sustained elsewhere, the employee must have been COMMISSION,
executing an order for the employer, it is not difficult to understand then why SPO2 Alegre's
widow should be denied the claims otherwise due her. Obviously, the matter SPO2 Alegre was Facts: Dedicacion de Vera, a government employee during her lifetime, worked as principal of
attending to at the time he met his death, that of ferrying passengers for a fee, was intrinsically Salinap Community School in San Carlos City, Pangasinan. Her tour of duty was from 7:30
private and unofficial in nature proceeding as it did from no particular directive or permission a.m. to 5:30 p.m. On November 29, 1976, at 7:00 A.M., while she was waiting for a ride at
of his superior officer. Plaza Jaycee in San Carlos City on her way to the school, she was bumped and run over by a
speeding Toyota mini-bus which resulted in her instantaneous death. She is survived by her
In the absence of such prior authority as in the cases of Hinoguin and Nitura, or peacekeeping four sons and a daughter. Generoso C. Alano, brother of the deceased, filed the instant claim
nature of the act attended to by the policeman at the time he died even without the explicit for income benefit with the GSIS for and in behalf of the decedent's children. The claim was,
permission or directive of a superior officer, as in the case of P/Sgt. Alvaran, there is no however, denied on the same date on the ground that the "injury upon which compensation is
justification for holding that SPO2 Alegre met the requisites set forth in the ECC guidelines. being claimed is not an employment accident satisfying all the conditions prescribed by law."
That he may be called upon at any time to render police work as he is considered to be on a
round-the-clock duty and was not on an approved vacation leave will not change the Issue: Whether or not the injury sustained by the deceased Dedicacion de Vera resulting in her
conclusion arrived at considering that he was not placed in a situation where he was required death is compensable under the law as an employment accident
to exercise his authority and duty as a policeman.
Ruling: Yes. This case does not come to us with a novel issue. In the earlier case of Vda. de
In fact, he was refusing to render one pointing out that he had already complied with the duty Torbela v. Employees' Compensation Commission (96 SCRA 260,263,264) which has a
detail. 8 At any rate, the 24-hour duty doctrine, as applied to policemen and soldiers, serves similar factual background, this Court held:
more as an after-the-fact validation of their acts to place them within the scope of the
guidelines rather than a blanket license to benefit them in all situations that may give rise to
“It is a fact that Jose P. Torbela, Sr. died on March 3, 1975 at about 5:45 o'clock in the guaranteed and secured by the Constitution, the Employees Compensation Commission should
morning due to injuries sustained by him in a vehicular accident while he was on his way to adopt a liberal attitude in favor of the employee in deciding claims for compensability,
school from Bacolod City, where he lived, to Hinigaran Negros Occidental where the school especially where there is some basis in the facts for inferring a work connection to the
of which he was the principal was located and that at the time of the accident he had in his accident.
possession official papers he allegedly worked on in his residence on the eve of his death.
This kind of interpretation gives meaning and substance to the compassionate spirit of the law
The claim is compensable. When an employee is accidentally injured at a point reasonably as embodied in Article 4 of the New Labor Code which states that 'all doubts in the
proximate to the place at work, while he is going to and from his work, such injury is deemed implementation and interpretation of the provisions of the Labor Code including its
to have arisen out of and in the course of his employment.” implementing rules and regulations shall be resolved in favor of labor. The policy then is to
extend the applicability of the decree (PD 626) to as many employees who can avail of the
In this case, it is not disputed that the deceased died while going to her place of work. She was benefits thereunder. This is in consonance with the avowed policy of the State to give
at the place where, as the petitioner puts it, her job necessarily required her to be if she was to maximum aid and protection to labor. There is no reason, in principle, why employees should
reach her place of work on time. There was nothing private or personal about the school not be protected for a reasonable period of time prior to or after working hours and for a
principal's being at the place of the accident. She was there because her employment required reasonable distance before reaching or after leaving the employer's premises.
her to be there.
If the Vano ruling awarded compensation to an employee who was on his way from home to
190. SALVADOR LAZO, petitioner, vs EMPLOYEES' COMPENSATION his work station one day before an official working day, there is no reason to deny
COMMISSION & GOVERNMENT SERVICE INSURANCE SYSTEM (CENTRAL compensation for accidental injury occurring while he is on his way home one hour after he
BANK OF THE PHILIPPINES), respondents. had left his work station.

Facts: Petitioner, Salvador Lazo, is a security guard of the Central Bank of the Philippines 191 NFD INTERNATIONAL MANNING AGENTS, INC./BARBER SHIP
who has a regular tour of duty from 2:00pm to 10:00pm. One evening, the security guard who MANAGEMENT LTD., PETITIONERS, VS. ESMERALDO C. ILLESCAS,
was to relieve him failed to arrive, so the petitioner rendered overtime duty up to 5:00am and RESPONDENT.
then asked permission from his superior to leave early in order to take home a sack of rice. On
his way home, the jeepney whom the petitioner was riding on turned turtle due to slippery Facts: Respondent Esmeraldo C. Illescas entered into a Contract of Employment with
road. As a result, he sustained injuries and was taken to the hospital for treatment then later on petitioner NFD International Manning Agents, Inc., acting for and in behalf of its foreign
was confined. For the injuries he sustained, petitioner filed a claim for disability benefits under principal, co-petitioner Barber Ship Management, Ltd. Under the contract, respondent was
PD 626, as amended. His claim, however, was denied by the GSIS for the reason that it employed as Third Officer of M/V Shinrei for a period of nine months. When respondent had
appears that after performing his regular duties as Security Guard, it was evident that been on board the vessel for seven months, Captain Jaspal Singh and Chief Officer Maydeo
petitioner were not at his work place performing his duties when the incident occurred. Upon Rajev ordered respondent to carry 25 fire hydrant caps from the deck to the engine workshop,
review of the case, the respondent Employees Compensation Commission affirmed the then back to the deck to refit the caps. The next day, while carrying a heavy basketful of fire
decision since the accident which involved the petitioner occurred far from his work place and hydrant caps, respondent felt a sudden snap on his back, with pain that radiated down to the
while he was attending to a personal matter. The Court has carefully considered the petition left side of his hips. He immediately informed the ship captain about his condition, and he was
and the arguments of the parties and finds that the petitioner's submission is meritorious. advised to take pain relievers. As the pain was initially tolerable, he continued with his work.

Issue: Whether petitioner's injury comes within the meaning of and intendment of the phrase After a few days, the pain became severe, and respondent had difficulty walking. As his
‘arising out of and in the course of employment’ condition did not improve, respondent sought the expertise of Dr. Marciano F. Almeda, Jr., a
specialist in occupational medicine and orthopedics, at the Medical Center Muntinlupa for the
Ruling: Yes. In the case at bar, it can be seen that petitioner left his station at the Central Bank assessment and evaluation of his health condition and/or disability. Dr. Almeda found that
several hours after his regular time off, because the reliever did not arrive, and so petitioner respondent sustained partial permanent disability with an impediment Grade of 11 (14.93%),
was asked to go on overtime. After permission to leave was given, he went home. There is no described as "slight rigidity or one-third loss of motion or lifting power of the trunk" under the
evidence on record that petitioner deviated from his usual, regular homeward route or that POEA Standard Contract for Seafarers. Dr. Almeda declared that respondent was unfit to
interruptions occurred in the journey. work at sea in any capacity as a seaman. On December 29, 2003, petitioners received a letter
dated December 16, 2003 from respondent's counsel, demanding the payment of disability
While the presumption of compensability and theory of aggravation under the Workmen's benefit. During the preliminary conferences in this case, the parties explored the possibility of
Compensation Act (under which the Baldebrin case was decided) may have been abandoned settlement. In a letter dated April 12, 20004, Pandiman Philippines, Inc, in behalf of
under the New Labor Code, it is significant that the liberality of the law in general in favor of petitioners, offered to pay respondent disability benefit in the amount of US$16,795.00,
the workingman still subsists. As agent charged by the law to implement social justice corresponding to Grade 8 disability under the POEA Standard Contract for Seafarers.
Respondent, through counsel, refused the offer on the ground that the injury sustained by him plan at the age of 54 years after 32 years of teaching, due to rheumatoid arthritis and
was caused by an accident, which was compensable in the amount of US$90,000.00 under the pneumonitis. Before her retirement, she was assigned at Raja Soliman High School in Tondo-
Collective Bargaining Agreement (CBA). Binondo, Manila near a dirty creek. On October 21, 1976, petitioner filed a claim for disability
benefits under Presidential Decree No. 626, as amended, with respondent Government Service
Issue: WHETHER RESPONDENT'S MEDICAL CONDITION WAS A RESULT OF AN Insurance System. On October 25, 1976, respondent GSIS denied said claim on the ground
ACCIDENT DURING THE TERM OF HIS EMPLOYMENT WITH PETITIONERS, AND that petitioner's ailments, rheumatoid arthritis and pneumonitis, are not occupational diseases
HENCE, COVERED BY THE PROVISIONS OF THE CBA. taking into consideration the nature of her particular work. In denying aforesaid claim,
respondent GSIS thus resolved:
Ruling: The Court holds that the snap on the back of respondent was not an accident, but an
injury sustained by respondent from carrying the heavy basketful of fire hydrant caps, which Upon evaluation based on general accepted medical authorities, your ailments are found to be
injury resulted in his disability. The injury cannot be said to be the result of an accident, that the least causally related to your duties and conditions of work. We believe that your ailments
is, an unlooked for mishap, occurrence, or fortuitous event, because the injury resulted from are principally traceable to factors which are definitely not work-connected. Moreover, the
the performance of a duty. Although respondent may not have expected the injury, yet, it is evidences you have, submitted have not shown that the said ailments directly resulted from
common knowledge that carrying heavy objects can cause back injury, as what happened in your occupation as Teacher IV of Raja Soliman High School, Manila
this case. Hence, the injury cannot be viewed as unusual under the circumstances, and is not
synonymous with the term "accident" as defined above. ISSUE: Whether or not the petitioner’s ailments are causally related to her duties and
conditions of work, hence, she is entitled to disability benefit from the GSIS.
Although the disability of respondent was not caused by an accident, his disability is still
compensable under Article 13 of the CBA under the following provision: Ruling: Yes. An occupational disease is one "which results from the nature of the
employment, and by nature is meant conditions to which all employees of a class are subject
“A seafarer/officer who is disabled as a result of any injury, and who is assessed as less than and which produce the disease as a natural incident of a particular occupation, and attach to
50% permanently disabled, but permanently unfit for further service at sea in any capacity, that occupation a hazard which distinguishes it from the usual run of occupations and is in
shall also be entitled to a 100% compensation. “ excess of the hazard attending the employment in general "

The Court notes that the CBA states that the degree of disability, which the company is liable To be occupational, the disease must be one "due wholly to causes and conditions which are
to pay, shall be determined by a doctor appointed by the company. In this case, the POEA normal and constantly present and characteristic of the particular occupation; that is, those
schedule is the basis of the assessment whether a seafarer's permanent disability is 50 percent things which science and industry have not yet learned how to eliminate. Every worker in
or more, or less than 50 percent. The Alegre Medical Clinic, petitioners' accredited clinic, every plant of the same industry is alike constantly exposed to the danger of contracting a
found that respondent had a Grade 8 disability (33.59%), described as "moderate rigidity or particular occupational disease"
two-thirds (2/3) loss of motion or lifting power of the trunk." Dr. Almeda, respondent's
independent doctor, on the other hand, found respondent to be suffering from Grade 11 An occupational disease is one which develops as a result of hazards peculiar to certain
disability (14.93%), described as "slight rigidity or one-third (1/3) loss of motion or lifting occupations, due to toxic substances (as in the organic solvents industry), radiation (as in
power of the trunk." In HFS Philippines, Inc. v. Pilar,[38] the Court held that a claimant may television repairmen), repeated mechanical injury, emotional strain, etc. (Schmidts Attorneys'
dispute the company-designated physician's report by seasonably consulting another doctor. Dictionary of Medicine, p. 561).
In such a case, the medical report issued by the latter shall be evaluated by the labor tribunal
and the court based on its inherent merit. The Court finds merit in the reasons stated by Dr. From the foregoing definitions of occupational diseases or ailments, rheumatoid arthritis and
Almeda in his Medical Report for declaring respondent unfit to work in any capacity as a pneumonitis can be considered as such occupational diseases. All public high school teachers,
seaman. Respondent is, therefore, entitled to disability benefit in the amount of like herein petitioner, admittedly the most underpaid but overworked employees of the
US$90,000.00 under the CBA. government, are subject to emotional strains and stresses, dealing as they do with intractable
teenagers especially young boys, and harassed as they are by various extra-curricular or non-
192. Menez v. ECC academic assignments, aside from preparing lesson plans until late at night, if they are not
badgered by very demanding superiors.
FACTS: Petition for review on certiorari from the decision en banc dated March 1, 1978 of the
Employees' Compensation Commission in ECC Case No. 0462, affirming the denial by the In the case of the petitioner, her emotional tension is heightened by the fact that the high
Government Service Insurance System of the claim of petitioner for benefits under school in which she teaches is situated in a tough area - Binondo district, which is inhabited by
Presidential Decree No. 626 (now Title II the New Labor Code) and dismissing said claim. thugs and other criminal elements and further aggravated by the heavy pollution and
Petitioner Gloria D. Menez was employed by the Department (now Ministry) of Education& congestion therein as well as the stinking smell of the dirty Estero de la Reina nearby. Women,
Culture as a school teacher. She retired on August 31, 1975 under the disability retirement like herein petitioner, are most vulnerable to such unhealthy conditions. The pitiful situation of
all public school teachers is further accentuated by poor diet for they can ill-afford nutritious to clean the clinic itself where patients with different illnesses come and go. He had to put in
food. order the hospital equipments that had been used. He had to dispose of garbage and wastes
that accumulated in the course of each working day. He was the employee most exposed to the
In her work, petitioner also has to contend with the natural elements, like the inclement dangerous concentration of infected materials, and not being a medical practitioner, least
weather — heavy rains, typhoons — as well as dust — and disease-ridden surroundings likely to know how to avoid infection. It is, therefore, not unreasonable to conclude that Mr.
peculiar to an insanitary slum area. Clemente's working conditions definitely increased the risk of his contracting the
aforementioned ailments. This Court has held in appropriate cases that the conservative
These unwholesome conditions are "normal and consistently present in" or are the "hazards posture of the respondents is not consistent with the liberal interpretation of the Labor Code
peculiar to" the occupation of a public high school teacher. It is therefore evident that and the social justice guarantee embodied in the Constitution in favor of the workers. It
rheumatoid arthritis and pneumonitis are the "natural incidents" of petitioner's occupation as clashes with the injunction in the Labor Code (Article 4, New Labor Code) that, as a rule,
such public high school teacher. doubts should be resolved in favor of the claimant-employee.

But even if rheumatoid arthritis and pneumonitis are not occupational diseases, there is ample 194. AMALIA NARAZO, Petitioner, v. EMPLOYEES’ COMPENSATION
proof that petitioner contracted such ailments by reason of her occupation as a public high COMMISSION AND GOVERNMENT SERVICE INSURANCE SYSTEM (Provincial
school teacher due to her exposure to the adverse working conditions above-mentioned. Governor’s Office, Negros Occidental), Respondents.

Republic Act 4670, otherwise known as the Magna Charta for Public School Teachers, Citizens Legal Assistance Office for petitioner
recognized the enervating effects of these factors (duties and activities of a school teacher
certainly involve physical, mental and emotional stresses) on the health of school teachers Facts: Geronimo Narazo was employed for thirty eight (38) years as Budget Examiner in the
when it directed in one of its provisions that "Teachers shall be protected against the Office of the Governor, Province of Negros Occidental. Narazo died at the age of fifty seven
consequences of employment injury in accordance with existing laws. The effects of the (57). His medical records show that he was confined three (3) times at the Doña Corazon L.
physical and nervous strain on the teachers' health shall be recognized as compensable Montelibano Hospital in Bacolod City, for urinary retention, abdominal pain and anemia. He
occupational diseases in accordance with laws" was thereafter diagnosed to be suffering from "obstructive nepropathy due to benign prostatic
hypertrophy", commonly known as "Uremia." Petitioner, as the widow of the deceased, filed a
193. Clemente vs GSIS G.R. No. L-47521 July 31, 1987 claim with the Government Service Insurance System (GSIS) for death benefits for the death
of her husband, under the Employees’ Compensation Law (PD 626, as amended).
Facts: Petitioner's husband, the late Pedro Clemente, was for ten (10) years a janitor in the
Department of Health (Dagupan City), assigned at the Ilocos Norte Skin Clinic, Laoag City. Issue: Whether the petitioner can claim the benefits provided under PD 626
He was hospitalized from due to his ailment of "nephritis," as per medical certification of his
attending physician, Dr. Winifredo Samson. He was also found to be suffering from such Ruling: Yes. Rule III, section 1, paragraph 3(b) of Presidential Decree No. 626, as amended,
ailments as portal cirrhosis and leprosy, otherwise known as Hansen's Disease. On November defines a "compensable sickness" as any illness definitely accepted as an occupational disease
14, 1976, Pedro Clemente died of uremia due to nephritis. Thereafter, petitioner filed with the listed by the ECC or any illness caused by employment subject to proof by the employee that
GSIS a claim for employees' compensation under the Labor Code, as amended. The GSIS the risk of contracting the same is increased by working conditions. The ECC is empowered
denied the claim of the petitioner because the ailments of her husband are not occupational to determine and approve occupational diseases and work-related illnesses that may be
diseases taking into consideration the nature of his work and/or (sic) or were not in the least considered compensable based on peculiar hazards of employment. Thus, a sickness or death
causally related to his duties and conditions of work. caused by said sickness is compensable if the same is listed as an occupational disease. If it is
not so listed, compensation may still be recovered if the illness was aggravated by
Issue: W/ON Nephritis can be considered as a ground for compensation due to the nature of employment. However, it is incumbent upon the claimant to show proof that the risk of
work contracting the illness was increased by his working conditions. The nature of the work of the
deceased as Budget Examiner in the Office of the Governor dealt with the detailed preparation
Held: Yes. We note that the major ailments of the deceased, i.e. nephritis, leprosy, etc., could of the budget, financial reports and review and/or examination of the budget of other
be traced from bacterial and viral infections. In the case of leprosy, it is known that the source provincial and municipal offices. Full concentration and thorough study of the entries of
of infection is the discharge from lesions of persons with active cases. It is believed that the accounts in the budget and/or financial reports were necessary, such that the deceased had to
bacillus enters the body through the skin or through the mucous membrane of the nose and sit for hours, and more often that not, delay and even forego urination in order not to interrupt
throat. the flow of concentration. In addition, tension and pressure must have aggravated the situation.
In the case of Ceniza v. ECC, 12 the Court held that:
The husband of the petitioner worked in a skin clinic. As janitor of the Ilocos Norte Skin
Clinic, Mr. Clemente was exposed to different carriers of viral and bacterial diseases. He had
". . . . It may be added that teachers have a tendency to sit for hours on end, and to put off or Compensation. As such, petitioner has the burden of proving, by substantial evidence, the
postpone emptying their bladders when it interferes with their teaching hours or preparation of causal relationship between her illness and her working conditions. Indeed, cancer is a disease
lesson plans. From human experience, prolonged sitting down and putting off urination result that strikes people in general. The nature of a persons employment appears to have no
in stagnation of the urine. This encourages the growth of bacteria in the urine, and affects the relevance. Cancer can strike a lowly paid laborer or a highly paid executive or one who works
delicate balance between bacterial multiplication rates and the host defense mechanisms. on land, in water, or in the deep bowels of the earth. It makes no difference whether the victim
Delayed excretion may permit the retention and survival of micro-organisms which multiply is employed or unemployed, a white collar employee or a blue collar worker, a housekeeper,
rapidly, and infect the urinary tract. These are predisposing factors to pyelonephritis and an urban dweller or a resident of a rural area.37chanroblesvirtuallawlibrary
uremia. Thus, while We may concede that these illnesses are not directly caused by the nature
of the duties of a teacher, the risk of contracting the same is certainly aggravated by their It is not also correct to say that all disability or death resulting from all kinds of cancer are not
working habits necessitated by demands of job efficiency. compensable. There are certain cancers which are reasonably considered as strongly induced
by specific causes. Heavy doses of radiation as in Chernobyl, USSR, cigarette smoke over a
Under the foregoing circumstances, we are persuaded to hold that the cause of death of long period for lung cancer, certain chemicals for specific cancers, and asbestos dust, among
petitioner’s husband is work-connected, i.e. the risk of contracting the illness was aggravated others, are generally accepted as increasing the risks of contracting specific cancers. What the
by the nature of the work, so much so that petitioner is entitled to receive compensation law requires for others is proof.38 This was not satisfied in the instant case.
benefits for the death of her husband.
Hence, while we sustain petitioners claim that it is the Labor Code that applies to her case, we
195. NORMA ORATE, Petitioner, v. COURT OF APPEALS, EMPLOYEES are nonetheless constrained to rule that under the same code, her disability is not compensable.
COMPENSATION COMMISSION, SOCIAL SECURITY SYSTEM (MANILA BAY Much as we commiserate with her, our sympathy cannot justify an award not authorized by
SPINNING MILLS, INC.), Respondents law. It is well to remember that if diseases not intended by the law to be compensated are
inadvertently or recklessly included, the integrity of the State Insurance Fund is endangered.
Facts: Petitioner Norma Orate was employed by Manila Bay Spinning Mills, Inc., as a regular Compassion for the victims of diseases not covered by law ignores the need to show a greater
machine operator. she was diagnosed to be suffering from invasive ductal carcinoma (breast, concern for the trust fund to which the tens of millions of workers and their families look to
left),6 commonly referred to as cancer of the breast. Consequently, she underwent modified for compensation whenever covered accidents, diseases and deaths occur. This stems from the
radical mastectomy on June 9, 1995.7 The operation incapacitated her from performing heavy development in the law that no longer is the poor employee still arrayed against the might and
work, for which reason she was forced to go on leave and, eventually, to retire from service at power of his rich corporate employer, hence the necessity of affording all kinds of favorable
the age of 44. On November 17, 1995, petitioner applied for employees compensation presumptions to the employee. This reasoning is no longer good policy. It is now the trust fund
benefits8 with the Social Security System (SSS), but the same was denied on the ground that and not the employer which suffers if benefits are paid to claimants who are not entitled under
her illness is not work-related. Petitioner requested the elevation of her case to the Employees the law.39
Compensation Commission (ECC), which affirmed on June 20, 1996, the decision of the SSS
in ECC Case No. MS-7938-296. The ECC ruled that petitioners disability due to breast cancer NOTE: In Sarmiento v. Employees Compensation Commission, et al.,23 we explained the
is not compensable under the Employees Compensation Program because said ailment is not nature of the new employees compensation scheme and the State Insurance Fund, as follows
included among the occupational diseases under Annex A of the Rules on Employees The new law establishes a state insurance fund built up by the contributions of employers
Compensation based on the salaries of their employees. The injured worker does not have to litigate his right
to compensation. No employer opposes his claim. There is no notice of injury nor requirement
Issues: What is the law applicable to petitioners claim for disability benefits? And Is she of controversion. The sick worker simply files a claim with a new neutral Employees
entitled under the applicable law to be compensated for disability arising from breast Compensation Commission which then determines on the basis of the employee's supporting
carcinoma? papers and medical evidence whether or not compensation may be paid. The payment of
benefits is more prompt. The cost of administration is low. The amount of death benefits has
Ruling: The presumption of compensability and aggravation under the Workmens also been doubled.
Compensation Act cannot be applied to petitioners claim for compensation benefit arising
from breast cancer. We are not experts in this field to rule that the onset of her breast ART. 179. [173] Extent of Liability. Unless otherwise provided, the liability of the State
carcinoma occurred prior to January 1, 1975, or almost twenty years ago. Hence, the Insurance Fund under this Title shall be exclusive and in place of all other liabilities of the
provisions of the Labor Code govern. For breast carcinoma and resulting disability to be employer to the employee, his dependents or anyone otherwise entitled to receive damages on
compensable, the claimant must prove, by substantial evidence, either of two things: (a) that behalf of the employee or his dependents.
the sickness was the result of an occupational disease listed under Annex A of the Rules on
Employees Compensation; or (b) if the sickness is not so listed, that the risk of contracting the The payment of compensation under this Title shall not bar the recovery of benefits as
disease was increased by the claimants working conditions. There is no dispute that cancer of provided for in Section 699 of the Revised Administrative Code, Republic Act Numbered
the breast is not listed as an occupational disease under Annex A of the Rules on Employees Eleven Hundred Sixty-One, as amended, Republic Act Numbered Six Hundred Ten, as
amended, Republic Act Numbered Forty-Eight Hundred SixtyFour, as amended, and other Labor Code for compensation and under the Social Security Law for benefits are not the same
laws whose benefits are administered by the System or by other agencies of the government. as to their nature and purpose. On the one hand, the pertinent provisions of the Labor Code
govern compensability of work-related disabilities or when there is loss of income due to
Art. 179 work-connected or work-aggravated injury or illness. On the other hand, the benefits under the
Social Security Law are intended to provide insurance or protection against the hazards or
196. IBARRA P. ORTEGA VS SOCIAL SECURITY COMMISSION and SOCIAL risks of disability, sickness, old age or death, inter alia, irrespective of whether they arose from
SECURITY SYSTEM 555 SCRA 53 (2008) or in the course of the employment. And unlike under the Social Security Law, a disability is
total and permanent under the Labor Code if as a result of the injury or sickness the employee
Facts: Petitioner Ibarra Ortega, member of respondent Social Security System (SSS) filed is unable to perform any gainful occupation for a continuous period exceeding 120 days
claims for partial permanent disability benefits on account of his illness with SSS, which the regardless of whether he loses the use of any of his body parts.
latter granted for total of 23 months. After the expiration of his pension, Ortega then applied
for total permanent disability benefits but such application was denied by SSS. SSS observed 197. YSMAEL MARITIME CORPORATION, petitioner, vs. HON. CELSO AVELINO,
that Ibarra was already granted benefits under the same illness and his physical examination in his capacity as Presiding Judge of Branch XIII, Court of First Instance of Cebu and
showed no progression of his illness. Accordingly, Ortega filed before Social Security SPOUSES FELIX C. LIM and CONSTANCIA GEVEIA respondents
Commission (SSC) a petition alleging that SSS ignored the fact that his attending physician
diagnosed him of progressed illness. After exhausting administrative remedies, SSC took Facts: Rolando G. Lim, single, a licensed second mate, was on board the vessel M/S Rajah,
cognizance of the petition and after hearing on the merits, it denied Ortega’s claim owned by petitioner Ysmael Maritime Corporation, when the same ran ground and sank near
for entitlement to total permanent disability. Sabtan Island, Batanes. Rolando perished as a result of that incident. Claiming that Rolando's
untimely death at the age of twenty- five was due to the negligence of petitioner, his parents,
On appeal, the Court of Appeals affirmed in toto the SSC order. respondents Felix Lim and Consorcia Geveia, sued petitioner in the Court of First Instance on
January 28, 1972 for damages.
ISSUE: Whether or not Ibarra can claim under Social Security Law for work
connected disability claims insofar as it relates to a demonstration of disability to perform his In its answer, petitioner-defendant alleged by way of affirmative defenses [1] that the
trade and profession complaint stated no cause of action; [2] that respondent-plaintiffs had received P4,160 from
petitioner and had signed release papers discharging petitioner from any liability arising from
HELD: The conclusion that Ibarra is not entitled to total permanent disabilitybenefits under the death of their son, and [3] that most significantly, the respondents had already been
the Social Security Law was reached after petitioner was examined not just by one but four compensated by the Workmen's Compensation Commission [NCC] for the same incident, for
SSS physicians, namely, Dr. Juanillo Descalzo III, Dr. Carlota A. Cruz-Tutaan, Dr. Jesus S. which reason they are now precluded from seeking other remedies against the same employer
Tan and Dr. Rebecca Sison. under the Civil Code.

The initial physical examination and interview revealed that Ibarra had slight limitation of Issue: whether the compensation remedy under the Workmen's Compensation Act [WCA],
grasping movement for both hands. According to Dr. Descalzo, this finding was not enough to and now under the Labor Code, for work-connected death or injuries sustained by an
grant an extension of benefit since Ibarra had already received benefits equivalent to 30% of employee, is exclusive of the other remedies available under the Civil Code
the body. Responding to the allegation that the April 2000 physical examination was
performed in a short period of time, the doctor credibly explained that petitioner’s movements Ruling: Respondent Lim spouses cannot be allowed to maintain their present action to recover
were already being monitored and evaluated from a distance as part of the examination of his additional damages against petitioner under the Civil Code. In open court, respondent
extremities in order to minimize malingering and overacting. 45 Consorcia Geveia admitted that they had previously filed a claim for death benefits with the
WCC and had received the compensation payable to them under the WCA [Rollo, pp. 22-23,
Indeed, the evidence indicates that petitioner’s condition at the time material to the case does 29-30]. It is therefore clear that respondents had not only opted to recover under the Act but
not fall under the enumeration in the above-quoted provisions of the Social Security Law. they had also been duly paid. At the very least, a sense of fair play would demand that if a
Moreover, as correctly held by the appellate court, the proviso of such provisions on the person entitled to a choice of remedies made a first election and accepted the benefits thereof,
percentage degree of disability applies when there is a related deterioration of the illness he should no longer be allowed to exercise the second option. "Having staked his fortunes on a
previously considered as partial permanent disability. In this case, there is dearth of evidence particular remedy, [he] is precluded from pursuing the alternate course, at least until the prior
on the proposition that petitioner’s array of illnesses is related to Generalized Arthritis and claim is rejected by the Compensation Commission.
Partial Ankylosis of the specific body parts.
P.D. 1921 (DOJ Opinion, May 23, 1989, and January 12, 1990
Ibarra’s reliance on jurisprudence on work-connected disability claims insofar as it relates to a
demonstration of disability to perform his trade and profession is misplaced. Claims under the Social Security (Focus on Coverage, Benefits, Beneficiaries)
R.A. 1161, as amended by R.A. 8282 (SSS) 199. AMBASSADOR HOTEL, INC. vs. SOCIAL SECURITY SYSTEM
R.A. 11199, Social Security Act of 2018
Facts: The SSS filed a complaint with the City Prosecutor's Office of Quezon City against
198. SSC vs Azote Ambassador Hotel, Inc. (Ambassador Hotel) and its officers for non-remittance of SSS
contributions and penalty liabilities. the City Prosecutor's Office filed an Information, 4 dated
Facts: In 1994, Edgardo submitted his SSS Form E-4 with his wife Edna and their children January 28, 2004, before the RTC charging Ambassador Hotel, Inc.'s Yolanda
as beneficiaries. When he died in 2005, Edna tried to claim the death benefits as the wife of Chan (Yolanda), as President and Chairman of the Board; and Alvin Louie Rivera, as
a deceased member but it was denied. It appears from the SSS records that Edgardo had Treasurer and Head of the Finance Department. The RTC held that Yolanda could not be held
another set of SSS Form E-4 in 1982 where his former wife Rosemarie and their child criminally liable for the non-payment of SSS contributions because she was not performing
were designated as beneficiaries. Edna did not know that Edgardo was previously married to the duties of the hotel's president from June 1999 to March 2001. It opined that Yolanda could
another woman. She then filed for a petition before the SSS, and notice was sent to Rosemarie not be considered as the managing head of the hotel within the purview of Section 28(f) of
but she made no answer. R.A. No. 8282; thus, she was not criminally accountable. The RTC, however, ruled that the
acquittal of Yolanda did not absolve Ambassador Hotel from its civil liabilities. Thus, it
The SSC dismissed Edna’s petition because the SSS Form E-4 designating Rosemarie and her concluded that Ambassador Hotel must pay SSS in the amount of ₱584,804.00 as
child was not revoked by Edgardo, and that she was still presumed to be the legal wife as Edna contributions for SSS Medicare and Employee Compensation, including 3% penalties
could not proved that Edgardo’s previous marriage was annulled or divorced. thereon. The CA affirmed in toto the RTC ruling.

Issue: Whether Edna is entitled to the SSS benefits as the wife of a deceased member Issue: WHETHER OR NOT THE DECISION RENDERED BY THE LOWER COURT
DECLARING PETITIONER LIABLE TO RESPONDENT SOCIAL SECURITY SYSTEM
Ruling: No. The law in force at the time of Edgardo’s death was RA 8282. Applying Section FOR ALLEGED UNREMITTED SSS CONTRIBUTION IS VALID
8(e) and (k)thereof, only the legal spouse of the deceased- member is qualified to be the
beneficiary of the latter’s SS benefits. Here, there is a concrete proof that Edgardo contracted Ruling: Yes. Under Section 8(c) of R.A. No. 8282, an employer is defined as "any person,
an earlier marriage with another individual as evidenced by their marriage contract. Since the natural or juridical, domestic or foreign, who carries on in the Philippines any trade, business,
second marriage of Edgardo with Edna was celebrated when the Family Code was already industry, undertaking, or activity of any kind and uses the services of another person who is
inforce. Edna, pursuant to Art 41 of the Family Code, failed to establish that there was no under his orders as regards the employment, except the Government and any of its political
impediment or that the impediment was already removed at the time of the celebration of her subdivisions, branches or instrumentalities, including corporations owned or controlled by the
marriage to Edgardo. Edna could not adduce evidence to prove that the earlier marriage of Government." Ambassador Hotel, as a juridical entity, is still bound by the provisions of R.A.
Edgardo was either annulled or dissolved or whether there was a declaration of Rosemarie’s No. 8282. Section 22 (a) thereof states:
presumptive death before her marriage to Edgardo.
Remittance of Contributions. (a) The contributions imposed in the preceding section shall be
What is apparent is that Edna was the second wife of Edgardo. Considering that Edna was not remitted to the SSS within the first ten (10) days of each calendar month following the month
able toshow that she was the legal spouse of a deceased-member, she would not qualify under for which they are applicable or within such time as the Commission may prescribe. Every
the law to be the beneficiary of the death benefits of Edgardo. Although the SSC is not employer required to deduct and to remit such contributions shall be liable for their payment
intrinsically empowered to determine the validity of marriages, it is required by Section 4(b) and if any contribution is not paid to the SSS as herein prescribed, he shall pay besides the
(7) of R.A. No. 828229 to examine available statistical and economic data to ensure that contribution a penalty thereon of three percent (3%) per month from the date the contribution
the benefits fall into the rightful beneficiaries. falls due until paid. If deemed expedient and advisable by the Commission, the collection and
remittance of contributions shall be made quarterly or semiannually in advance, the
DOCTRINE: The SSC claims that the right to designate a beneficiary is subject to the SS contributions payable by the employees to be advanced by their respective
Law. The designation of a wife-beneficiary merely creates a disputable presumption that they employers: Provided, That upon separation of an employee, any contribution so paid in
are legally married and may be overthrown by evidence to the contrary. advance but not due shall be credited or refunded to his employer.

Edna’s designation became invalid with the determination of the subsistence of a previous Verily, prompt remittance of SSS contributions under the aforesaid provision is mandatory.
marriage. The SSC posits that even though Edgardo revoked and superseded his earlier Any divergence from this rule subjects the employer not only to monetary sanctions, that is,
designation of Rosemarie as beneficiary, his designation of Edna was still not valid the payment of penalty of three percent (3%) per month, but also to criminal prosecution if the
considering that only a legitimate spouse could qualify as a primary beneficiary. employer fails to: (a) register its employees with the SSS; (b) deduct monthly contributions
from the salaries/wages of its employees; or (c) remit to the SSS its employees' SSS
contributions and/or loan payments after deducting the same from their respective
salaries/wages.
R.A. 8291 (GSIS)
R.A. No. 7699, Limited Portability Law
R.A. 7875, as amended by R.A. 9241 and R.A. 10606 (National Health Insurance Act)

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