March 1981 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-47135 March 31, 1981 - GREGORIO ANDES, SR. v. REPUBLIC OF THE PHIL.:
FIRST DIVISION
[G.R. No. L-47135. March 31, 1981.]
GREGORIO ANDES, SR., Petitioner, v. REPUBLIC OF THE PHILIPPINES (Bureau of Public Schools), HON. BLAS F. OPLE, Secretary of the Dept. of Labor, and ERNESTO H. CRUZ, Chief of the Compensation Appeals and Review Staff, Respondents.
Edgar C. Mella for Petitioner.
Solicitor General Estelito P. Mendoza, Assistant Solicitor General Eulogio Raquel-Santos and Trial Attorney Florencio E. Jacinto for Respondents.
SYNOPSIS
In a final and executory award, the petitioner, an employee of the Bureau of Public Schools, was granted compensation benefits for injuries sustained aboard a PAL plane while on official business resulting in his permanent total disability. Granted to him in the award, among others, was "further medical services until his illness is medically cured by competent medical authority", pursuant to which petitioner claimed for reimbursement of additional medical expenses he incurred three (3) years thereafter. The Secretary of Labor denied the claim on the ground that a finding of total permanent disability rules out a grant of further medical services.
The Supreme Court held that since the award in favor of the petitioner is final and executory, no part thereof may be modified even by the Minister of Labor; and that petitioner’s total and permanent disability is not a bar to his right to seek further improvement of his physical condition and to receive medical treatment to alleviate the pain resulting from his work-connected injuries.
Petition granted.
The Supreme Court held that since the award in favor of the petitioner is final and executory, no part thereof may be modified even by the Minister of Labor; and that petitioner’s total and permanent disability is not a bar to his right to seek further improvement of his physical condition and to receive medical treatment to alleviate the pain resulting from his work-connected injuries.
Petition granted.
SYLLABUS
1. LABOR AND SOCIAL LEGISLATION; WORKMEN’S COMPENSATION; FINAL AND EXECUTORY AWARD NOT SUBJECT TO MODIFICATION. — The award in favor of the petitioner by the Acting Referee of Regional Office No. VI, Naga City is admittedly final and executory. Hence no part thereof may be modified even by the Secretary, now Minister of Labor.
2. ID.; ID.; MEDICAL EXPENSES; REIMBURSEMENT; TOTAL AND PERMANENT DISABILITY NOT A GROUND FOR DENIAL OF FURTHER MEDICAL EXPENSES. — The contention that the petitioner is no longer entitled to be reimbursed of his medical expenses because his physician has declared him to be totally and permanently disabled has no merit. The petitioner has a right to seek further improvement of his physical condition. He also has the right to receive medical treatment to alleviate the pain resulting from the injuries. All that should be determined is whether or not the expenses were actually incurred by reason of the injury he sustained on board the PAL plane while travelling on official business for the Bureau of Public Schools. Apparently there was no dispute regarding this matter because the amounts incurred for medical expenses are supported by proper receipts.
MELENCIO-HERRERA, J., dissenting:chanrob1es virtual 1aw library
1. LABOR AND SOCIAL LEGISLATION; WORKMEN’S COMPENSATION; MEDICAL EXPENSES; GRANT OF LIFELONG MEDICAL EXPENSES NOT INTENDED BY THE LAW AFTER COMPENSATION FOR PERMANENT TOTAL DISABILITY AND REIMBURSEMENT FOR MEDICAL EXPENSES HAVE BEEN RECEIVED BY CLAIMANT. — The decision of the Secretary of Labor denying the claim for reimbursement for further medical expenses of P19,818.00 after petitioner had received full compensation of P6,000.00 for permanent total disability, and P14,194.95 as reimbursement for medical expenses, should be affirmed. The grant of lifelong medical expenses was never the intendment of the Workmen’s Compensation Act after compensation for permanent total disability and reimbursement for medical expenses have been received by a claimant, as further elaborated in the writer’s dissent in Biscarra v. Republic of the Philippines, (Bureau of Forestry) & WCC, 95 SCRA (1980).
2. ID.; ID.; MEDICAL EXPENSES; REIMBURSEMENT; TOTAL AND PERMANENT DISABILITY NOT A GROUND FOR DENIAL OF FURTHER MEDICAL EXPENSES. — The contention that the petitioner is no longer entitled to be reimbursed of his medical expenses because his physician has declared him to be totally and permanently disabled has no merit. The petitioner has a right to seek further improvement of his physical condition. He also has the right to receive medical treatment to alleviate the pain resulting from the injuries. All that should be determined is whether or not the expenses were actually incurred by reason of the injury he sustained on board the PAL plane while travelling on official business for the Bureau of Public Schools. Apparently there was no dispute regarding this matter because the amounts incurred for medical expenses are supported by proper receipts.
MELENCIO-HERRERA, J., dissenting:chanrob1es virtual 1aw library
1. LABOR AND SOCIAL LEGISLATION; WORKMEN’S COMPENSATION; MEDICAL EXPENSES; GRANT OF LIFELONG MEDICAL EXPENSES NOT INTENDED BY THE LAW AFTER COMPENSATION FOR PERMANENT TOTAL DISABILITY AND REIMBURSEMENT FOR MEDICAL EXPENSES HAVE BEEN RECEIVED BY CLAIMANT. — The decision of the Secretary of Labor denying the claim for reimbursement for further medical expenses of P19,818.00 after petitioner had received full compensation of P6,000.00 for permanent total disability, and P14,194.95 as reimbursement for medical expenses, should be affirmed. The grant of lifelong medical expenses was never the intendment of the Workmen’s Compensation Act after compensation for permanent total disability and reimbursement for medical expenses have been received by a claimant, as further elaborated in the writer’s dissent in Biscarra v. Republic of the Philippines, (Bureau of Forestry) & WCC, 95 SCRA (1980).
D E C I S I O N
FERNANDEZ, J.:
This is a petition to review the Order of the Secretary, now Minister, of Labor in Case No. RO6-WCU No. 473, entitled "Gregorio Andes, Sr., Claimant v. Republic of the Philippines (Bureau of Public Schools), Respondent", denying the claim for reimbursement of additional medical expenses. 1
The petitioner, Gregorio Andes, Sr., was an employee of the Bureau of Public Schools, Sorsogon Division. He sustained an injury on a PAL plane while on his way from Manila to Sorsogon on an official business for the respondent Bureau of Public Schools.
Gregorio Andes, Sr. filed a claim with the Regional Office No. VI, Workmen’s Compensation Unit, in Naga City, which was docketed as Case No. RO6-WCU-473. The claim was not controverted by the Bureau of Public Schools. The Acting Referee of Regional Office No. VI granted an award dated February 4, 1972, the dispositive portion which reads:chanrobles lawlibrary : rednad
"WHEREFORE, AWARD is hereby rendered in favor of the claimant Gregorio C. Andes and against the respondent, ordering the latter:chanrob1es virtual 1aw library
1. To pay claimant, Gregorio Andes, thru this Office, the sum of P6,000.00 as compensation pursuant to Section 18 of the law;
2. To pay claimant, thru this Office, the sum of P14,194.95 as reimbursement of medical expenses incurred after his release from Manila Doctor’s Hospital on July 15, 1966, pursuant to Section 13 of the law. Said expenses are all covered by receipts;
3. To extend to claimant further medical services until his illness is medically pronounced cured by competent medical authority pursuant to Section 13 of the same law;
4. To pay claimant’s counsel, Atty. Pedro B. Carranza, thru this Office, the sum of P300.00 as attorney’s fee, pursuant to Section 31 of the law.
5. To pay the Workmen’s Compensation Fund, thru this Office, the sum of P61.00 as administrative fee, pursuant to Section 55 of the law.
"SO ORDERED." 2
The decision became final and executory, no appeal having been taken by the Respondent. The amounts adjudicated were paid except Item No. 3 which reads:jgc:chanrobles.com.ph
"To extend to claimant further medical services until his illness is medically pronounced cured by competent medical authority pursuant to Section 13 of the same law . . ."cralaw virtua1aw library
The petitioner filed a claim to recover the medical expenses incurred from 1972 to December 31, 1975 in the amount of P19,818.00. The then Secretary of Labor denied the claim for reimbursement because:jgc:chanrobles.com.ph
"As we have time and again ruled, a finding of permanent total disability is inconsistent with a grant of further medical services. For once an injury or disability is declared to be permanent and total in nature, as in this case, the need for further medical treatment ceases to exist because no amount of subsequent medication could restore the injured to his maximum level of physical capacity." 3
The award in favor of the petitioner by the Acting Referee of Regional Office No. VI, Naga City is admittedly final and executory. Hence no part thereof may be modified even by the Secretary, now Minister of Labor.
In Carreon v. Workmen’s Compensation Commission, 4 this Court said:jgc:chanrobles.com.ph
"In Vitug v. Republic, (L-44890, Feb. 28, 1977), we once again reaffirmed our ruling in Ramos v. Republic, 69 SCRA 576 (Feb. 27, 1976), that ‘(the) basic rule of finality of judgments is applicable indiscriminately to one and all and regardless of whether respondent employer be a public or private employer, since the rule is grounded on fundamental considerations of public policy and sound practice that at risk of occasion error, the judgment of courts and award of quasi-judicial agencies must become final at some definite date fixed by law.’"
All that should be determined is whether or not the expenses were actually incurred by reason of the injury he sustained on board the PAL plane while travelling on official business for the Bureau of Public Schools. Apparently there was no dispute because the amounts incurred for medical expenses are supported by proper receipts.chanrobles law library
The contention that the petitioner is no longer entitled to be reimbursed of his medical expenses because his physician has declared him to be totally and permanently disabled has no merit. The petitioner has a right to seek further improvement of his physical condition. He also has the right to receive medical treatment to alleviate the pain resulting from the injuries.
WHEREFORE, the Order of the Secretary of Labor dated April 27, 1977 is hereby set aside and the Bureau of Public Schools is ordered to pay the petitioner the amount of P19,818.00 representing medical expenses he incurred from 1972 to December 31, 1975 supported by proper receipts at a proper hearing to be held for the purpose.
SO ORDERED.
Makasiar, Guerrero and De Castro, JJ., concur.
TEEHANKEE (Chairman), J., concurring:chanrob1es virtual 1aw library
I concur in the result in line with my separate opinion in Mariano Basa v. WCC, L-43098, March 30, 1981 in relation to my dissent in Biscarra v. RP, 95 SCRA 248.
MELENCIO-HERRERA, J., dissenting:chanrob1es virtual 1aw library
[I] vote to affirm the decision of the Secretary of Labor denying the claim for reimbursement for further medical expenses of P19,818.00 after petitioner had received full compensation of P6,000.00 for permanent total disability, and P14,194.95 as reimbursement for medical expenses. The grant of lifelong medical expenses was never the intendment of the Workmen’s Compensation Act after compensation for permanent total disability and reimbursement for medical expenses have been received by a claimant, as further elaborated in my dissent in Biscarra v. Rep. of the Phils. (Bu. of Forestry) & WCC, 95 SCRA 248 (1980).
The petitioner, Gregorio Andes, Sr., was an employee of the Bureau of Public Schools, Sorsogon Division. He sustained an injury on a PAL plane while on his way from Manila to Sorsogon on an official business for the respondent Bureau of Public Schools.
Gregorio Andes, Sr. filed a claim with the Regional Office No. VI, Workmen’s Compensation Unit, in Naga City, which was docketed as Case No. RO6-WCU-473. The claim was not controverted by the Bureau of Public Schools. The Acting Referee of Regional Office No. VI granted an award dated February 4, 1972, the dispositive portion which reads:chanrobles lawlibrary : rednad
"WHEREFORE, AWARD is hereby rendered in favor of the claimant Gregorio C. Andes and against the respondent, ordering the latter:chanrob1es virtual 1aw library
1. To pay claimant, Gregorio Andes, thru this Office, the sum of P6,000.00 as compensation pursuant to Section 18 of the law;
2. To pay claimant, thru this Office, the sum of P14,194.95 as reimbursement of medical expenses incurred after his release from Manila Doctor’s Hospital on July 15, 1966, pursuant to Section 13 of the law. Said expenses are all covered by receipts;
3. To extend to claimant further medical services until his illness is medically pronounced cured by competent medical authority pursuant to Section 13 of the same law;
4. To pay claimant’s counsel, Atty. Pedro B. Carranza, thru this Office, the sum of P300.00 as attorney’s fee, pursuant to Section 31 of the law.
5. To pay the Workmen’s Compensation Fund, thru this Office, the sum of P61.00 as administrative fee, pursuant to Section 55 of the law.
"SO ORDERED." 2
The decision became final and executory, no appeal having been taken by the Respondent. The amounts adjudicated were paid except Item No. 3 which reads:jgc:chanrobles.com.ph
"To extend to claimant further medical services until his illness is medically pronounced cured by competent medical authority pursuant to Section 13 of the same law . . ."cralaw virtua1aw library
The petitioner filed a claim to recover the medical expenses incurred from 1972 to December 31, 1975 in the amount of P19,818.00. The then Secretary of Labor denied the claim for reimbursement because:jgc:chanrobles.com.ph
"As we have time and again ruled, a finding of permanent total disability is inconsistent with a grant of further medical services. For once an injury or disability is declared to be permanent and total in nature, as in this case, the need for further medical treatment ceases to exist because no amount of subsequent medication could restore the injured to his maximum level of physical capacity." 3
The award in favor of the petitioner by the Acting Referee of Regional Office No. VI, Naga City is admittedly final and executory. Hence no part thereof may be modified even by the Secretary, now Minister of Labor.
In Carreon v. Workmen’s Compensation Commission, 4 this Court said:jgc:chanrobles.com.ph
"In Vitug v. Republic, (L-44890, Feb. 28, 1977), we once again reaffirmed our ruling in Ramos v. Republic, 69 SCRA 576 (Feb. 27, 1976), that ‘(the) basic rule of finality of judgments is applicable indiscriminately to one and all and regardless of whether respondent employer be a public or private employer, since the rule is grounded on fundamental considerations of public policy and sound practice that at risk of occasion error, the judgment of courts and award of quasi-judicial agencies must become final at some definite date fixed by law.’"
All that should be determined is whether or not the expenses were actually incurred by reason of the injury he sustained on board the PAL plane while travelling on official business for the Bureau of Public Schools. Apparently there was no dispute because the amounts incurred for medical expenses are supported by proper receipts.chanrobles law library
The contention that the petitioner is no longer entitled to be reimbursed of his medical expenses because his physician has declared him to be totally and permanently disabled has no merit. The petitioner has a right to seek further improvement of his physical condition. He also has the right to receive medical treatment to alleviate the pain resulting from the injuries.
WHEREFORE, the Order of the Secretary of Labor dated April 27, 1977 is hereby set aside and the Bureau of Public Schools is ordered to pay the petitioner the amount of P19,818.00 representing medical expenses he incurred from 1972 to December 31, 1975 supported by proper receipts at a proper hearing to be held for the purpose.
SO ORDERED.
Makasiar, Guerrero and De Castro, JJ., concur.
Separate Opinions
TEEHANKEE (Chairman), J., concurring:chanrob1es virtual 1aw library
I concur in the result in line with my separate opinion in Mariano Basa v. WCC, L-43098, March 30, 1981 in relation to my dissent in Biscarra v. RP, 95 SCRA 248.
MELENCIO-HERRERA, J., dissenting:chanrob1es virtual 1aw library
[I] vote to affirm the decision of the Secretary of Labor denying the claim for reimbursement for further medical expenses of P19,818.00 after petitioner had received full compensation of P6,000.00 for permanent total disability, and P14,194.95 as reimbursement for medical expenses. The grant of lifelong medical expenses was never the intendment of the Workmen’s Compensation Act after compensation for permanent total disability and reimbursement for medical expenses have been received by a claimant, as further elaborated in my dissent in Biscarra v. Rep. of the Phils. (Bu. of Forestry) & WCC, 95 SCRA 248 (1980).
Endnotes:
1. Rollo, p. 12.
2. Exhibit "A", Rollo. p. 9.
3. Rollo, p. 12.
4. 77 SCRA 297, 300.
