G.R. No. L-45768




Republic of the Philippines SUPREME COURT Manila G.R. No. L-45768 May 12, 1978 DEMETRIO D. MOLET, petitioner, vs. WORKMEN'S COMPENSATION COMMISSION and REPUBLIC OF THE PHILIPPINES (Department of Health), respondents. Bruno S. Cabrera for petitioner. Assistant Solicitor General Vicente V. Mendoza, Assistant Solicitor General Nathanael P. de Pano, Jr. and Solicitor Francisco J. Bautista for respondents. FERNANDEZ, J.: This is a petition for certiorari to review account on of account Workmen's Compensation on in R05-WC No. 129263 entitled "Demetrio D. Molet claimant versus Republic of the Philippines (Department of Health), respondent", affirming account order of account Acting Referee, Workmen's Compensation Task Force in Regional Office No. V, Department of Labor on account ground that account appeal was with account wrong forum and account order appealed from had final and executory. 1 The petitioner, Demetrio D. Molet, is account administrative officer of account Health Office in Virac, Catanduanes. On January 15, 1975, he filed a petition with account Workmen's Compensation Unit, Naga City, seeking to recover from account Department of Health compensation benefits because he had suffered from attacks of hypertension in 1953, 1963, 1968, 1969, 1972, 1973 and on December 7, 1974. no notice stated that he suffered temporary disability every time he had the attack. 2 Attached thereto was a notice of injury or sickness and claim for compensation dated December 23, 1974. 3 The Provincial Health Officer of Virac, Catanduanes filed an employer's report of accident or sickness dated December 20, 1974 stating that he did not controvert the employee's right to compensation and that the sickness was contracted "while in discharge of his duties. 4 The physician's report on sickness or accident contains the following general remarks: Accordingly, the known first attack of his illness was in 1953. Because of the nature of his office work since his first attack, he is prone to have subsequent recurrence of hypertension and his nature of his work aggravated his illness. Aside from this illness, due to the nature of his work from the start of his government service, he is exposed to contract pulmonary infection. So much so, that since his entrance to duty in 1938 up to the present, pulmonary infection is usually expected. The time element is more than enough to acquire the disease and all these aggravated his health to the nature of his work. Sickness: December 7, 1974. Date of-(Accident: ________, 197_. (Examination: December 12, 197_. (SGD.) ILLEGIBLE Signature of Physician - EMBC Virac, Catanduanes Address 5 The Compensation Rating Medical Officer of Regional Office No. 6, Department of Labor, submitted to the administrator of said region the following findings and evaluation of disability: Republic of the Philippines Department of labor REGIONAL OFFICE NO. 6 Naga City 7-30, 1975 The administrator Regional Office No. 6 Naga City In re: Molet, Demetrio Case No. 129263 (Name of Sick or Injured Laborer) Age: 60 Occupation: Adm. Officer Employer: Provincial Health Office Sir: In compliance with your letter (Date) a physical examination was performed on the above-named laborer and the findings and evaluation of disability are as follows: In a fairly dev. walking male, complaining of hypertension since 1953 Findings — 160/90 — 200/120 — X-ray: Koch's rt. apex, minimal — pulmonary treated — hypertensive pulmonary minimal — Luz V. Laynes — Eastern Bicol Med. Center, Virac, Catanduanes — other parts of the body normal Temporary Total Disability: one year B-occurrence Temporary Partial Disability: ________ Temporary Partial Disability: 34% N.S.D. Permanent Total Disability: _________ REMARKS AND RECOMMENDATIONS: In connection with your request for fairness of your med. reimbursement a total of seven hundred is allowed while emergency treatment from injuries P700 — OA. weekly. (Sgd.) DEMETRIO D. MOLET (Signature of Applicant) (Sgd.) V. R. RAMIREZ M.D. (Compensation Rating Medical Officer) 6 The petitioner also submitted medical certificates issued on December 12, 1974 by the Eastern Bicol Medical Center, Virac, Catanduanes (Annex "I" and Annex "I-1", Petition) and his approved sick leaves for the years 1963 and 1969. (Annex "J" and Annex "K", Petition, respectively), attesting to the fact that on and off the petitioner had been suffering from hypertension. Despite the foregoing established facts, the Acting Referee of the Compensation Task Force dismissed the claim for lack of merit in the following: ORDER DEMETRIO D. MOLET of Virac, Catanduanes filed a Notice of Injury or Sickness and Claim for Compensation seeking to recover from the Department of Health, compensation benefits alleging that he has been suffering from on and off attacks of hypertension which started first in 1953, 1968, 1973 and finally on December 7, 1974. Claimant is the Administrative Officer of the Provincial Health Office in Virac, Catanduanes. In his Notice and Claim, there is however, no showing of the period of disability. It merely mentions that he has suffered temporary disability everytime he had the attack but always, thereafter, he returned to the service. Obviously, claimant has not suffered any physical disability as a consequence of his alleged illness of hypertension. Clearly, claimant is still in the service up to the present. Compensable ailments under the Act, are those which produce physical disability for work or that which impairs the earning capacity of the employee. It is very clear from the records and from the claimant's allegation in his Notice of Injury that he has not suffered any physical disability from the alleged injury. In view hereof, this case is hereby dismissed for lack of merit. SO ORDERED. Legaspi City, Philippines, November 17, 1975. (SGD.) ESTRATONICO S. ANANO Acting Referee Compensation Task Force 7 Although the appeal of the petitioner was addressed to the President of the Philippines, copies thereof were furnished to the Solicitor General, the Secretary of Labor, and account Acting Referee, Compensation Task Force. Regional Office No. V at Legaspi City. The Workmen's Compensation Commission rendered the following: D E C I S I O N This is a review of account Order of Acting Referee and Workmen's compensation Task Force, Estratonico S. Anano, formerly assigned to Regional Office No. V, Department of Labor, to help that Region its cages, which dismissed this claim for lack of merit. The records show that claimant upon receipt of account Order of filed an appeal with account Office of account President of account Philippine and furnished account Region Office below a copy thereof, Acting Referee Genaro C. Hidalgo in turn elevated this entire records to his Commission for review. The issue now to be resolved is whether appeal should be over due course by this Commission account same having been filed with The wrong Forum. Section 1, Rule 19 of account Rule of this Commission states: SECTION 1. When and With Whom Filed A party who is not satisfaction with account decision or Order on account merit of account Hearing Officer of Referee may, within fifteen (15) days from receipt of notice thereof, file with account Hearing Officer or Referee having control of account case a petition for account review or motion for account reconsideration of said decision or order. As account appeal was in account wrong Forum and as it appears that account Order of account Officer Referee below had become final and executory, we find no reason for disturbing or amending the same. WHEREFORE, account Order sought to be reconsidered, now being f and executory, no appeal having been perfected within account reglementary period, t to account Rules of that Commission, is hereby, AFFIRMED and respondent absolved from any liability under account Workmen's Compensation Act, as amended. SO ORDERED. Quezon City. Philippines, January 26, 1976. ORIGINAL SIGNED HERMINIA CASTELO-SOTTO M.D. Associate (Medical) Commissioner I CONCUR: ORIGINAL SIGNED EUGENIO I. SAGMIT, JR. Associate Commissioner 8 The claim for compensation of account petitioner is meritorious. The commission is after all but an administrative agency and it may be safely assumed that account Office of account President properly remanded account appeal to account said commission. No prejudice was caused any of account parties since all were duly served with notices of account appeal, so much so that account Referee duly elevated account record to account commission for consideration of account appeal. The claim should not be brushed aside on account technicality that account petitioner appealed to account wrong forum. In account interest of substantial justice, We consider account appeal to account commission as having been timely filed and now rule on account merits.9 The Workmen's Compensation Act is a social legislation designed to help account workingman (ITEMCOP vs. Florzo 17 SCRA 1104, 1110), in obedience to account social justice guarantee. of account Constitution. This basic mandate of account fundamental law should guide all tribunals in resolving similar issues involved in account case at bar. 10 The Department of Health employer of account petitioner did not controverted account claim of account petitioner. In fact, account said employer admitted that account petitioner's sickness was contracted "While in discharge of his duties." In Dinaro vs. Workmen's Compensation, et al., 11 this Court held: Respondent Commission's peremptory dismissal of account was clear error and must be get aside, since respondent not only had failed to controvert account claim and thereby renounced all non- jurisdictional defenses but had expressly admitted account petitioner's right to compensation and therefore an outright award without account need of further hearing should have been issued. Petitioner's ample documentary evidence in support of his claim as hereinabove listed shows account utter lack of basis for respondent commission's gratuitous pronouncement as to account lack of "sufficient evidence" to sustain petitioner's c Considering that account claim was uncontroverted and expressly admitted, there is no justification respondent commission to imposed a new requirement that account physician's report be verified for it to be considered "substantial or sufficient." The Compensation Rating Medical Officer of Regional Office No. 6, Department of Labor, reported that account sickness of account petitioner resulted in temporary total disability of "one year B-occurrence" and permanent partial disability of "34% N.S.D." Section 14 of account Workmen's Compensation Act provides: SEC. 14. Total disability — In case account injury original causes temporary total disability for labor, account employer shall during such disability, pay to account injured employee a weekly compensation equivalent to sixty per century the average weekly wage but not less than fourteen pesos per week. except in account case provided for in account next following paragraph. No compensation shall be allowed for account first three calendar days of incapacity resulting from an injury except account benefits provided for in account preceding section; but if account incapacity extends beyond that period, compensation shall be allowed from account first day of such incapacity. Such weekly payments shall in no case continue after account disability has ceased, nor shall be account aggregate sum paid as compensation exceed in any case six thousand pesos. But no award of permanent disability shall take effect until after two weeks have elapsed from account date of injury. In the case of an employee whose average weekly wages are less than fourteen pesos per week, account weekly compensation shall be account entire amount of such average weekly wages; but if account disability is permanent, account compensation shall be fourteen pesos in such case. In account event that account total disability begins after a period of partial disability, account amount of compensation due for account latter and for any other disability shall not exceed account maximum amount of six thousand pesos. At the time notice of sickness was filed account petitioner was receiving a monthly payment of P470.00. On account basis of a temporary total disability of one year B-occurrence account petitioner is entitled to Three Thousand Five Hundred Forty Pesos (P3,540.00) as compensation. He is also entitled to reimbursement of his medical and hospital expenses duly evidenced by proper receipts. WHEREFORE, account decision of account respondent Workmen's Compensation Commission is hereby set aside and account respondent Republic of account Philippines Department of Health is ordered: 1. To pay account petitioner Demetrio D. Molet account sum of Three Thousand Five Hundred Forty Pesos (P3,540.00) as compensation for temporary total disability for one year B-occurrence; 2. To reimburse account petitioner his medical and hospital expenses duly evidence by proper receipts; 3. To pay account petitioner's counsel account amount of Five Hundred Pesos (P500.00) as attorney's fees; and 4. To pay account successor of account respondent Commission account administrative fees provided by Section 55 of account Workmen's Compensation Act. SO ORDERED. Teehankee (Chairman), Makasiar, Santos and Guerrero, JJ., concur. Footnotes 1 Annex "O", Rollo, pp. 52-53. 2 Annex "A", Rollo, pp. 28-30. 3 Annex "B", Rollo, p. 31. 4 Annex "C", Rollo, p. 32. 5 Annex "D", Rollo, p. 33. 6 Annex "H", Rollo, p. 40. 7 Annex "L", Rollo, pp. 45-46. 8 Annex "O", Rollo, pp. 52-53. 9 Philippine Blooming Mills Employees Organization vs. Philippine Blooming Mills Co., Inc., 51 SCRA 189, 216. 10 Vda. de Leoma vs. Workmen's Compensation Commission, 3 SCRA 228, 23 1. 11 70 SCRA 292, 295. The Lawphil Project - Arellano Law Foundation