This case  comes to Us for review from the Workmen's Compensation Commission.

The facts, as found by the Commission, are:

"Previous  to his employment with the  respondent Itogon-Suyoc Mines, Inc., Fruto Dulay applied for work in the Antamok Mining Company on October 10, 1950, but was refused admission  into the service by the management   because he was found afflicted  with lung" ailment.  On  September 22, 1951,  he  suffered the same  fate of  the chest.  He worked as  mucker  performing  the following results:  'Far Advanced PTB, right lung, fibro-caseous with fraction (traction) of  the heart to the right.  Beginning  infiltrations, left upper lung.   However, seven months thereafter, or specifically on  April 30, 1952, he was allowed to work by the herein respondent after passing the  pre-employment physical  examination conducted by  Dr. Ramon Pellicer,  a company physician.  It  should be noted that this medical check-up did  not include  an X-ray  examination of  the chest.   He worked as  mucker  performing  the following duties, to wit: (1) to muck and   bore holes  five feet deep by means of  a stopper  machine,  weighing  200  pounds  more or less.,  and blast them  with dynamites; and  (2) to   lift timber of  varied sizes, which include some  round posts that could hardly  be carried  by two persons.  His  place of work was hot as  the company provided no electric  fan for adequate ventilation.  He worked either on the nightshift,  starting from  4:00 up to 12:00 p.m.  or  the day shift, starting from 7:00 a.m. up to  3:00 p.m.  On April 28, 1954,  he was  automatically separated  from the   employment   because  he exceeded  his  vacation leave without permission from  the respondent (AWOL).  Fortunately,  after having requested  the  General Superintendent for  his reinstatement, lie  was readmitted  to  the employment on May 14, 1954.  On July 7. 1954,  he was  X-rayed by Dr. Hugo A.  Rosa,  the company physician  who took the place of Dr. Rampn Pellicer,  and was discovered suffering from:

'RL: Fibro-caseous  all over
'LL: Fibroid Lesions  LS-3,  markedly retracted mediastinum to the right.

REMARKS: For advanced  chronic P.T.B.

On July  16,  1954,  he  stopped working  at the   instance  of the incumbent  company  physician  and  received medication from the respondent until September 12. 1955.  From  August  2.  to 30,  1954, inclusive,  he paid Dr. Jose Villamil P1.00  daily for the injections of streptomycin on him.  He was X-rayed on November  3,  1954, but the result revealed  'no apparent radio-graphic change.' When he sought  employment  in the  Philippine   Engineers' Syndicate  on December 18, 1954, he  was rejected because  he was found to  have been afflicted with 'R.L. Fibro-caseous lesion  all over with retracted mediastinum.  L.L.-00." At the time he was told to stop  working by the company physician due to his illness, he  was earning P24.00."

From these facts,  Commissioner   Cesareo  Perez concluded that Dulay's ailment was aggravated by the nature of his work and therefore was compensable. In addition, he held that the company had waived its right to contest the compensability of the disease on the ground that the company did not submit its employer's report within the time  stated in Section  45 of the Workmen's Compensation  Act (Act No.  3428,  as  amended). Accordingly,  he  ordered  the company

"1. To pay the claimant, thru this Commission, the sum of TWO THOUSAND  NINE  HUNDRED  NINETY-FIVE and 20/100 (P2.995.20)   PESOS as compensation pursuant to Section 14  of the Act, as  amended;

"2. To reimburse to the claimant, thru  this Commission, the sum of TWENTY-NINE (P29.00) PESOS which he spent   for  medical treatment and  to provide him with continuous medical and hospital services and supplies until his illness  is cured or arrested pursuant to Section. 13  of the Act;

"3. To pay the claimant  the sum  of  P224.64 as attorney's fee; and

"4. To pay the Commission the  amount of  P35.00 as costs pursuant to Section 55 of the Act, as amended." Its  motion for reconsideration  having been  denied by the   Commission en  bane, the company  appealed to  this Court.

Section  2 of the Workmen's  Compensation Act provides:

"When an employee  suffers  personal  injury from  any   accident arising out  of and  in the course  of his employment,  or contracts tuberculosis  or other illness directly caused by such  employment, or either aggravated by or the result of  the nature of such  employment,  his employer shall  pay  compensation in the sums  and to the person hereinafter  specified. * * *.

In holding the case compensable on the ground of  aggravation, the Commission  stated:

"* * * Here, claimant admitted  that he was suffering from pulmonary tuberculosis far  advanced, on  September 22, 1951  (t.s.n. p.  2,  "hearing of  December  11,  1959).  This illness  must  have improved at the  inception  of  his work on April 30, 1952  which is quite probable because,  aside  from  the medical treatment extended to him by  Dr. Jose Villamil,, Fruto  Dulay was at a  complete rest for more than  seven (7) months as he  was not  yet engaged in any  work activities. Moreover,  the  fact that he was   admitted into  the service,  and allowed to work for more  than two years after having passed the  physical examination made by Dr. Ramon Pellicer sometime in April, 1952, is a strong indication that said illness  was  arrested  and therefore  inactive.   However, due to the strenous work entailed by his being a miner * * * and his nighttime duties at the  underground level where the  atmosphere  was hot,  his  ailment was reactivated and has progressed to a  more disabling far advanced  stage  which ultimately  necessitated his early separation from the employment. *  * * " (Italics ours.)

The company contends that there is absolutely no evidence that Dulay  was  under medical  treatment  after  he  was found  sick  of far advanced  pulmonary tuberculosis  on September 22, 1951 so as to warrant  the conclusion that his  illness had been arrested at the time of his employment on April 30,   1952 and then agravated and  reactivated by the nature of his work.

Be  that as it may,  the  fact remains however that Dulay was given pre-employment physical examination and  was obviously found fit by the company's own  physician that is why he was admitted to work.   As  a matter of fact, he  was allowed to work for more  than two years and it was only when he was told to do so by the company physician that he stopped  working.   If he was later found sick of TB, it  must be because of the nature of his work which consisted  of  boring  holes by means  of a machine  that weighed 200  pounds and lifting timber of various  sizes and which he did  under conditions  that  could not but aggravate his illness.

Neither was Dulay guilty of  bad faith in allegedly not disclosing the fact of his illness at the time  he presented himself to physical examination as required  by the company physician who  found him fit to work.

The  decision orders petitioner "to provide  him (Fruto Dulay) with continuous   medical and hospital service and supplies until his illness is cured or arrested, pursuant to Section 13 of the Act."  Petitioner assails this portion of the decision on the  ground that Dulay  is no longer in its employ and that its  liability for  medical care can not extend beyond  208 weeks.  There is no merit in the contention.   Section 13 does not require employer-employee relationship as a condition for the employer's liability.  As long as the illness  was  contracted during the employee's employment, the  employer's obligation subsists.  This obligation lasts for as long as the employee is sick.  The limit of 208 weeks,  like the limit of P4,000, refers to the liability of  the employer for   compensation (Sees. 12, 14, 16, 18, Act No. 3428, as amended) and has no reference at all to the employer's liability for medical care (Sec. 13) which lasts  during the  "period  of disability."  See La Mallorca-Pambusco vs. Isip, et al., G. R.  No. L-16495, Oct. 19, 1961)

Neither  is there  merit  in  petitioner's argument that Dulay cannot be said to have "contracted sickness"  under Section 13 on the  assumption that his  lung   ailment was aggravated  by the  nature of his work.  Under Section 2 of the law,   an  employee may contract tuberculosis "either aggravated  by  or the result of the nature of such employment" and since we have shown that Dulay's TB condition was aggravated  by the nature of his work,  the  decision correctly provides for his medical attendance.

 Another  reason  in support of  the conclusion reached herein is the fact  that both the hearing officer  and the Commission en banc  have found that  the lung ailment of the defendant was aggravated as a result of his heavy work.  In line with a long array of decisions, We conclude that there is  evidence to support the finding or conclusion of  the Workmen's Compensation  Commission.

Wherefore, the  decision dated  July  18, 1961  and the resolution dated September 6, 1961 of the Commission are hereby affirmed, without  pronouncement  as to costs.

Bengzon,  C. J., Padilla, Barrera, Paredes, Dizon  and Makalintal,  JJ.,  concur.