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Jimenez v. Ecc

The petitioner argued that her husband's death from bronchogenic carcinoma should be considered compensable under the law as a soldier since his work exposed him to elements, dust, fatigue, and lack of rest. The respondent argued that his cancer was due to smoking not his work. The court found that as a soldier, his duties and environment were hazardous and increased his risk of cancer. It ruled in favor of the petitioner, overturning the previous decision and ordering the government insurance system to pay death benefits, medical expenses, and burial expenses.

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128 views2 pages

Jimenez v. Ecc

The petitioner argued that her husband's death from bronchogenic carcinoma should be considered compensable under the law as a soldier since his work exposed him to elements, dust, fatigue, and lack of rest. The respondent argued that his cancer was due to smoking not his work. The court found that as a soldier, his duties and environment were hazardous and increased his risk of cancer. It ruled in favor of the petitioner, overturning the previous decision and ordering the government insurance system to pay death benefits, medical expenses, and burial expenses.

Uploaded by

Kê Milan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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18.

RUTH JIMENEZ
v.
EMPLOYEES’ COMPENSATION COMMISSION, ET AL.
G.R. No. 58176 March 23, 1984

STATEMENT OF THE ISSUE:

Whether or not her husband’s death is compensable under the law.

COMPLAINANT’S ARGUMENTS:

On September 28, 1981, Petitioner, assisted by counsel, filed the instant petition, that her
husband’s death from bronchogenic carcinoma is compensable under the law and that respondent
Commission erred in not taking into consideration the uncontroverted circumstance that when
the deceased entered into the Philippine Constabulary, he was found to be physically and
mentally healthy. She farther contends that as a soldier, her husband’s work has always been in
the field where exposure to the elements, dust and dirt, fatigue and lack of sleep and rest was the
rule rather than the exception. The nature of work of a soldier being to protect life and property
of citizens, he was subject to call at any time of day or night.

RESPONDENT’S ARGUMENTS:

The decision of GSIS was affirmed by ECC, that the cause of the bronchogenic
carcinoma of the deceased was due to his being a smoker and not in any manner connected with
his work as a soldier, is not in accordance with medical authorities nor with the facts on record.

DECISION OF THE COURT:

Yes.

The theory of increased risk is applicable in the instant case. WE had the occasion to
interpret the theory of increased risk in the case of Cristobal v. Employees Compensation
Commission (103 SCRA, 336-337, L-49280, February 26, 1981).

"To establish compensability under the said theory, the claimant must show proof of
work-connection. Impliedly, the degree of proof required is merely substantial evidence, which
means ‘such relevant evidence to support a decision’ (Ang Tibay v. The Court of Industrial
Relations and National Labor Union, Inc., 69 Phil. 635) or clear and convincing evidence.

In 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 which would
establish direct causal relation between the disease rectal cancer and the employment of the
deceased. Such a strict requirement which even medical experts cannot support considering the
uncertainty of the nature of the disease would negate the principle of the liberality in the matter
of evidence, Apparently, what the law merely requires is a reasonable work-connection and not a
direct causal relation. This kind of interpretation gives meaning and substance to the liberal and
compassionate spirit of the law as embodied in Article 4 of the new Labor Code which states that
‘all doubts in the implementation of the provisions of this Code, including its implementing rules
and regulations shall be resolved in favor of labor.’

In the case of Dator v. Employees Compensation Commission (L-57416, January 30,


1982), WE held the death of Wenifreda Dator, a librarian for 15 years, caused by bronchogenic
carcinoma compensable. Being a librarian, "she was exposed to duty books and other deleterious
substances in the library under unsanitary conditions" (Ibid., 632). WE do not see any reason to
depart from the ruling in the said case, considering that a soldier’s duties and environment are
more hazardous.

This is in line with the avowed policy of the State as mandated by the Constitution
(Article II, Section 9) and restated in the new Labor Code (Article 4), to give maximum aid and
protection to labor.

WHEREFORE, THE DECISION APPEALED FROM IS HEREBY SET ASIDE AND THE
GOVERNMENT SERVICE INSURANCE SYSTEM IS HEREBY ORDERED.

1. TO PAY THE PETITIONER THE SUM OF TWELVE THOUSAND (P12,000.00) PESOS


AS DEATH BENEFITS;

2. TO REIMBURSE THE PETITIONER’s MEDICAL AND HOSPITAL EXPENSES DULY


SUPPORTED BY PROPER RECEIPTS; AND

3. TO PAY THE PETITIONER THE SUM OF ONE THOUSAND TWO HUNDRED


(P1,200.00) PESOS FOR BURIAL EXPENSES.

RATIO:

"In compensation cases. strict rules of evidence are not applicable. A reasonable work-
connection is all that is required or that the risk of contracting the disease is increased by the
working conditions."

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