FIRST DIVISION
[ G.R. No. L-45846, February 21, 1980 ]
ESTRELLA MITRA, PETITIONER, VS. THE EMPLOYEES' COMPENSATION COMMISSION AND GOVERNMENT SERVICE INSURANCE SYSTEM (PHILIPÂPINE AIR FORCE), RESPONDENTS.
D E C I S I O N
FERNANDEZ, J.:
This is a petition to review the decision of the Employees' Compensation Commission in ECC Case No. 0183 (Remigio Mitra, Deceased) entitled "Estrella Mitra, Appellant, versus, Government Service Insurance System (Philippine Air Force), Respondent"
affirming the decision of the Government Service Insurance System denying the claim of Estrella Mitra based on the death of her husband, Remigio D. Mitra, Tactical Sergeant of the Philippine Air Force.[1]
The petitioner, Estrella Vda. de Mitra, filed on June 7, 1976 a claim with the Government Service Insurance System in connection with the death of her husband, Remigio D. Mitra. In a letter dated June 26, 1976, the Government Service Insurance System denied the claim but gave the claimant ten (10) days from receipt of the letter within which to submit additional evidence to prove that the ailment of Remigio D. Mitra was caused by his employment.[2]
The petitioner wrote a letter dated July 29, 1976 to the Government Service Insurance System asking for reconsideration of the denial of the claim.[3] The motion was denied by the Government Service Insurance System in a letter to the claimant dated August 9, 1976.[4]
The claimant, petitioner herein, appealed to the Employees' Compensation Commission.[5]
The Employees' Compensation Commission affirmed the decision of the Government Service Insurance System denying the claim because the "pathological conditions that may lead to the contraction of hemorrhagic pancreatitis which eventuated in the death in question have not been shown by the evidence on record to have been due to the deceased's employment, the ensuing death, therefore, is hereby, as the respondent did, held not compensable."[6]
The facts, as found by the Employees' Compensation Commission, are:
The nature of the work of Remigio D. Mitra was such that he could have developed hypertension which caused hemorrhagic pancreatitis resulting in his death. From the facts found by the Employees' Compensation Commission, it is clear that the death of Remigio D. Mitra was caused by an ailment that may be classified as an occupational disease.
The argument that cardio-respiratory arrest due to hemorrhagic pancreatitis is not one of those listed by the Employees' Compensation Commission or the Ministry of Labor as an occupational disease is of no moment. Time and again the Commission or the Ministry of Labor includes in the list more occupational diseases. Such an arbitrary exercise of authority cannot militate against the fact that cardio-vascular arrest may be caused by tension arising from the performance of the duty of Remigio D. Mitra as administrative supervisor. He was performing his duty when at about 10:00 o'clock in the morning of February 26, 1976, he perspired profusely becoming pallid and went to the comfort room where he collapsed and was found later by his co-employees. Within the hour he was rushed to the Nichols Air Base Hospital where he died at about 10:45 o'clock in the morning on the said date.
Concern for labor is embodied in the Constitution. The amended Labor Code is a social legislation. Article 4 of said Code provides that "All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor."
WHEREFORE, the decision of the Employees' Compensation Commission appealed from is hereby set aside and the Government Service Insurance System is ordered to pay the petitioner the amount of Twelve Thousand Pesos (P12,000.00) as death compensation, the amount of One Thousand Pesos (P1,000.00) as burial expenses, and the amount of One Thousand Two Hundred Pesos (P1,200.00) as attorney's fees.
SO ORDERED.
Teehankee, (Chairman), Makasiar, Guerrero, and De Castro, JJ., concur.
Melencio-Herrera, J., dissenting in a separate opinion.
[1] Annex "J", Rollo, pp. 38-42.
[2] Annex "E", Rollo, p. 32.
[3] Annex "G", Rollo, p. 34.
[4] Annex "H", Rollo, p. 35.
[5] Annex "I", Rollo, p. 36.
[6] Rollo, p. 42.
[7] Annex "J", Rollo, pp. 38-39.
[8] Comment of Employees' Compensation Commission, Rollo, p. 66.
The petitioner, Estrella Vda. de Mitra, filed on June 7, 1976 a claim with the Government Service Insurance System in connection with the death of her husband, Remigio D. Mitra. In a letter dated June 26, 1976, the Government Service Insurance System denied the claim but gave the claimant ten (10) days from receipt of the letter within which to submit additional evidence to prove that the ailment of Remigio D. Mitra was caused by his employment.[2]
The petitioner wrote a letter dated July 29, 1976 to the Government Service Insurance System asking for reconsideration of the denial of the claim.[3] The motion was denied by the Government Service Insurance System in a letter to the claimant dated August 9, 1976.[4]
The claimant, petitioner herein, appealed to the Employees' Compensation Commission.[5]
The Employees' Compensation Commission affirmed the decision of the Government Service Insurance System denying the claim because the "pathological conditions that may lead to the contraction of hemorrhagic pancreatitis which eventuated in the death in question have not been shown by the evidence on record to have been due to the deceased's employment, the ensuing death, therefore, is hereby, as the respondent did, held not compensable."[6]
The facts, as found by the Employees' Compensation Commission, are:
"The late Remigio D. Mitra, a forty (46) six year old male Tactical Sergeant of the Philippine Air Force, was, previous to his death, performing the job of an Administrative Supervisor at the headquarters of the 520th ACWW, PAF, Nichols Air Base. At about 10:00 o'clock in the morning of February 26, 1976, he was noticed perspiring profusely, palloric and seemed to be feeling uncomfortably. In this condition, he went to the comfort room where he collapsed and found later by his co-employees unconscious. He was immediately brought to the medical section where it was found that his blood pressure registered almost a zero pressure. He was rushed to the Nichols Air Base Hospital where he died at around 10:45 o'clock, A.M. after a futile attempt to revive him by a heart massage. His death was determined by postmortem examination to have been caused by Cardio-Respiratory Arrest due to Hemorrhagic Pancreatitis."[7]It is a fact that Remigio D. Mitra died in the actual performance of his duty as administrative supervisor in the Philippine Air Force on February 26, 1976. He died of heart failure which was supposed to be caused by hemorrhagic pancreatitis. According to the Employees' Compensation Commission, one of the causes of hemorrhagic pancreatitis is vascular and auto-immune mechanism: hypertension.[8]
The nature of the work of Remigio D. Mitra was such that he could have developed hypertension which caused hemorrhagic pancreatitis resulting in his death. From the facts found by the Employees' Compensation Commission, it is clear that the death of Remigio D. Mitra was caused by an ailment that may be classified as an occupational disease.
The argument that cardio-respiratory arrest due to hemorrhagic pancreatitis is not one of those listed by the Employees' Compensation Commission or the Ministry of Labor as an occupational disease is of no moment. Time and again the Commission or the Ministry of Labor includes in the list more occupational diseases. Such an arbitrary exercise of authority cannot militate against the fact that cardio-vascular arrest may be caused by tension arising from the performance of the duty of Remigio D. Mitra as administrative supervisor. He was performing his duty when at about 10:00 o'clock in the morning of February 26, 1976, he perspired profusely becoming pallid and went to the comfort room where he collapsed and was found later by his co-employees. Within the hour he was rushed to the Nichols Air Base Hospital where he died at about 10:45 o'clock in the morning on the said date.
Concern for labor is embodied in the Constitution. The amended Labor Code is a social legislation. Article 4 of said Code provides that "All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor of labor."
WHEREFORE, the decision of the Employees' Compensation Commission appealed from is hereby set aside and the Government Service Insurance System is ordered to pay the petitioner the amount of Twelve Thousand Pesos (P12,000.00) as death compensation, the amount of One Thousand Pesos (P1,000.00) as burial expenses, and the amount of One Thousand Two Hundred Pesos (P1,200.00) as attorney's fees.
SO ORDERED.
Teehankee, (Chairman), Makasiar, Guerrero, and De Castro, JJ., concur.
Melencio-Herrera, J., dissenting in a separate opinion.
[1] Annex "J", Rollo, pp. 38-42.
[2] Annex "E", Rollo, p. 32.
[3] Annex "G", Rollo, p. 34.
[4] Annex "H", Rollo, p. 35.
[5] Annex "I", Rollo, p. 36.
[6] Rollo, p. 42.
[7] Annex "J", Rollo, pp. 38-39.
[8] Comment of Employees' Compensation Commission, Rollo, p. 66.