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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-2001 Jurisprudence                 

  • G.R. No. 137538 September 3, 2001 - OFFICE OF THE OMBUDSMAN v. HON. FRANCISCO B. IBAY

  • A.M. No. MTJ-00-1249 September 4, 2001 - PHIL. GERIATRICS FOUNDATION, ET AL. v. LYDIA QUERUBIN LAYOSA

  • A.M. No. P-00-1373 September 4, 2001 - ELIZABETH A. TIONGCO v. ROGELIO S. MOLINA, ET AL.

  • A.M. No. P-01-1501 September 4, 2001 - JOSEPHINE D. SARMIENTO v. ALBERT S. SALAMAT

  • A.M. No. P-01-1502 September 4, 2001 - CRESENCIO N. BONGALOS v. JOSE R. MONUNGOLH and VICTORIA D. JAMITO

  • A.M. No. P-99-1357 September 4, 2001 - SHERWIN M. BALOLOY v. JOSE B. FLORES

  • A.M. No. RTJ-01-1651 September 4, 2001 - PROSECUTOR LEO C. TABAO v. JUDGE FRISCO T. LILAGAN

  • G.R. No. 125359 September 4, 2001 - ROBERTO S. BENEDICTO and HECTOR T. RIVERA v. THE COURT OF APPEALS

  • G.R. No. 126859 September 4, 2001 - YOUSEF AL-GHOUL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127181 September 4, 2001 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 132709 September 4, 2001 - CAMILO L. SABIO, ET AL. v. INTERNATIONAL CORPORATE BANK, ET AL.

  • G.R. No. 134490 September 4, 2001 - PEOPLE OF THE PHILIPPINES v. JOEL BRAGAT

  • G.R. Nos. 135356-58 September 4, 2001 - PEOPLE OF THE PHIL. v. MELECIO SAGARINO

  • G.R. No. 138923 September 4, 2001 - PEOPLE OF THE PHIL. v. ANITA AYOLA, ET AL.

  • A.M. No. MTJ-01-1344 September 5, 2001 - LYDIO ARCILLA, ET AL. v. LUCIO PALAYPAYON, ET AL.

  • G.R. No. 128145 September 5, 2001 - J.C. LOPEZ & ASSOCIATES v. COMMISSION ON AUDIT, ET AL.

  • G.R. No. 133886 September 5, 2001 - PEOPLE OF THE PHILIPPINES v. OSCAR PARBA

  • G.R. No. 134101 September 5, 2001 - PEOPLE OF THE PHIL. v. FELINO O. LLANITA

  • G.R. No. 136054 September 5, 2001 - SEVERINA SAN MIGUEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 132714 September 6, 2001 - PEOPLE OF THE PHIL. v. RENATO LALINGJAMAN

  • G.R. Nos. 139064-66 September 6, 2001 - PEOPLE OF THE PHIL. v. ALBERTO ARCE

  • G.R. No. 140529 September 6, 2001 - JOSE P. LOPEZ v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. No. 141400 September 6, 2001 - PEOPLE OF THE PHIL. v. EVANGELINE GANENAS

  • Admin. Case. No. 4863 September 7, 2001 - URBAN BANK v. ATTY. MAGDALENO M. PEÑA

  • G.R. No. 114858-59 September 7, 2001 - COLUMBUS PHILIPPINES BUS CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 126352 September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

  • G.R. No. 127261 September 7, 2001 - VISAYAN SURETY & INSURANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 129644 September 7, 2001 - CHINA BANKING CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 131805 September 7, 2001 - PEOPLE OF THE PHIL. v. GREGORIO HERMOSA, ET AL.

  • G.R. No. 132064 September 7, 2001 - PEOPLE OF THE PHIL. v. ISAGANI BAYENG, ET AL.

  • G.R. No. 132320 September 7, 2001 - PEOPLE OF THE PHIL. v. CONRADO OJERIO

  • G.R. Nos. 135402-03 September 7, 2001 - PEOPLE OF THE PHIL. v. IAN GONZAGA

  • G.R. No. 136779 September 7, 2001 - PEOPLE OF THE PHIL. v. ARNEL ASUNCION

  • G.R. No. 142065 September 7, 2001 - LENIDO LUMANOG v. HON. JAIME N. SALAZAR

  • G.R. No. 142875 September 7, 2001 - EDGAR AGUSTILO v. COURT OF APPEALS, ET AL.

  • G.R. No. 144877 September 7, 2001 - DEVELOPMENT BANK OF THE PHIL. v. VERONICA AGUIRRE, ET AL.

  • A.M. No. P-01-1506 September 10, 2001 - GEORGE S. BICBIC v. DHALIA E. BORROMEO

  • G.R. Nos. 104769 & 135016 September 10, 2001 - AFP MUTUAL BENEFIT ASSO. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118943 September 10, 2001 - MARIO HORNALES v. NLRC, ET AL.

  • G.R. No. 130362 September 10, 2001 - INT’L FLAVORS & FRAGRANCES (PHIL.) v. MERLIN J. ARGOS, ET AL.

  • G.R. No. 138485 September 10, 2001 - DR. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. 141970 September 10, 2001 - METROPOLITAN BANK v. FLORO T. ALEJO

  • G.R. No. 145588 September 10, 2001 - ESPERIDION LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 140398 September 11, 2001 - FRANCISCO DELA MERCED, ET AL. v. GSIS, ET AL.

  • G.R. No. 121877 September 12, 2001 - PEOPLE OF THE PHIL v. ERLINDA GONZALES

  • G.R. Nos. 138431-36 September 12, 2001 - PEOPLE OF THE PHIL. v. DIOSCORA M. ARABIA, ET AL.

  • G.R. No. 140903 September 12, 2001 - HENRY SY v. COMMISSION ON SETTLEMENT OF LAND PROBLEMS, ET AL.

  • A.M. No. 00-1-4-03-SC September 13, 2001 - RE: REQUEST FOR LIVE RADIO-TV COVERAGE OF THE TRIAL IN THE SANDIGANBAYAN OF THE PLUNDER CASES AGAINST FORMER PRESIDENT JOSEPH E. ESTRADA v. JOSEPH E. ESTRADA and INTEGRATED BAR OF THE PHILIPPINES

  • A.M. No. 00-4-188-RTC September 13, 2001 - REQUEST OF MR. OSCAR T. LLAMAS FOR RE-ASSIGNMENT OSCAR T. LLAMAS v. EMMANUEL LACANDOLA AND ET. AL.

  • G.R. No. 120009 September 13, 2001 - DOLE PHILIPPINES v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 122095 September 13, 2001 - PEOPLE OF THE PHILIPPINES v. DOMINGO DAWISAN

  • G.R. No. 127913 September 13, 2001 - RCBC v. METRO CONTAINER CORP.

  • G.R. No. 132354 September 13, 2001 - PEOPLE OF THE PHIL. v. DEOMEDES IGLESIA

  • G.R. Nos. 136840-42 September 13, 2001 - PEOPLE OF THE PHIL. v. ROMEO NAVARETTE

  • G.R. No. 137250-51 September 13, 2001 - PABLO MARGAREJO v. HON. ADELARDO ESCOSES

  • G.R. No. 138972-73 September 13, 2001 - PEOPLE OF THE PHIL. v. EUGENIO B. MARQUEZ, ET AL.

  • G.R. No. 140512 September 13, 2001 - PEOPLE OF THE PHIL. v. PETER PELERAS, ET AL.

  • G.R. No. 142043 September 13, 2001 - PEOPLE OF THE PHIL. v. NELSON BITUON

  • G.R. No. 142430 September 13, 2001 - PEOPLE OF THE PHIL. v. RONNIE QUINICIO, ET AL.

  • G.R. No. 142444 September 13, 2001 - OFELIA D. ARTUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 142649 September 13, 2001 - ANTONIO C. SAN LUIS v. COURT OF APPEALS

  • G.R. No. 143702 September 13, 2001 - PEOPLE OF THE PHIL. v. ZALDY MENDOZA

  • G.R. No. 129212 September 14, 2001 - PEOPLE OF THE PHILIPPINES v. MARIO LACUESTA, ET AL.

  • A.M. No. RTJ-00-1575 September 17, 2001 - ISAGANI RIZON v. JUDGE OSCAR E. ZERNA

  • A.M. No. RTJ 99-1498 September 17, 2001 - VICENTE P. LIM v. JUDGE JACINTA B. TAMBAGO, ET AL.

  • G.R. No. 111584 September 17, 2001 - PRODUCERS BANK OF THE PHILIPPINES v. COURT OF APPEALS and SPOUSES SALVADOR Y. CHUA and EMILIA U. CHUA

  • G.R. No. 135644 September 17, 2001 - GOVERNMENT SERVICE INSURANCE SYSTEM v. SPOUSES GONZALO and MATILDE LABUNG-DEANG

  • G.R. No. 135912 September 17, 2001 - ODIN SECURITY AGENCY v. SANDIGANBAYAN, ET AL.

  • G.R. No. 138219 September 17, 2001 - GERARDO V. TAMBAOAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 138943-44 September 17, 2001 - PEOPLE OF THE PHIL. v. HENRY ALMAZAN

  • G.R. No. 141209 September 17, 2001 - ANTONIA HUFANA, ET AL. v. WILLIAM ONG GENATO

  • A. C. No. 5043 September 19, 2001 - ABEDIN L. OSOP v. ATTY. V. EMMANUEL C. FONTANILLA

  • G.R. No. 135936 September 19, 2001 - THE PEOPLE OF THE PHILIPPINES v. GUALBERTO MIRADOR alias "GOLING"

  • G.R. No. 144400 September 19, 2001 - DOMINGO O. IGNACIO v. COCA-COLA BOTTLERS PHILS.

  • A.M. No. MTJ-01-1369 September 20, 2001 - GUILLERMA D. CABAÑERO v. JUDGE ANTONIO K. CAÑON

  • A.M. No. MTJ-01-1371 September 20, 2001 - ATTY. NESCITO C. HILARIO v. JUDGE ROMEO A. QUILANTANG

  • A.M. No. RTJ-99-1472 September 20, 2001 - SPOUSES HERMINIO, ET Al. v. HON. DEMETRIO D. CALIMAG

  • A.M. No. P-01-1483 September 20, 2001 - EDNA FE F. AQUINO v. ISABELO LAVADIA

  • G.R. No. 116938 September 20, 2001 - LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR, ET AL.

  • G.R. No. 127405 September 20, 2001 - MARJORIE TOCAO and WILLIAM T. BELO v. COURT OF APPEALS and NENITA A. ANAY

  • G.R. No. 130399 September 20, 2001 - PUBLIC UTILITIES DEPARTMENT v. HON. TEOFISTO T. GUINGONA

  • G.R. Nos. 135068-72 September 20, 2001 - PEOPLE OF THE PHIL. v. MAXIMO RAMOS

  • G.R. No. 137674 September 20, 2001 - WILLIAM GO KIM HUY v. SANTIAGO GO KIM HUY, ET AL.

  • G.R. No. 139410 September 20, 2001 - PEOPLE OF THE PHILIPPINES v. SILVERIO AGUERO

  • G.R. No. 140898 September 20, 2001 - THE PEOPLE OF THE PHILIPPINES v. JOSE ISHIKAWA AMBA

  • A.M. No. P-99-1289 September 21, 2001 - JUDGE NAPOLEON S. DIAMANTE v. ANTHONY A. ALAMBRA

  • G.R. Nos. 119609-10 September 21, 2001 - PCGG v. HONORABLE SANDIGANBAYAN (Third Division), ET AL.

  • G.R. No. 128876 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO FELIZAR y CAPULI

  • G.R. No. 132384 September 21, 2001 - PEOPLE OF THE PHILIPPINES v. MARLON GADIA

  • G.R. No. 134596 September 21, 2001 - RAYMUND ARDONIO v. THE PEOPLE OF THE PHILIPPINES

  • G.R. No. 142889 September 21, 2001 - EXECUTIVE LABOR ARBITER RICARDO N. OLAIREZ v. OMBUDSMAN ANIANO A. DESIERTO

  • G.R. No. 145416 September 21, 2001 - GOLDEN HORIZON REALTY CORPORATION v. SY CHUAN

  • A.M. No. 99-6-79-MTC September 24, 2001 - REPORT ON THE JUDICIAL AUDIT CONDUCTED IN THE MUNICIPAL TRIAL COURT

  • A.M. No. P-01-1512 September 24, 2001 - TERESITA H. ZIPAGAN v. JOVENCIO N. TATTAO

  • G.R. Nos. 132442-44 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. BERNARDINO ARANZADO

  • G.R. Nos. 135524-25 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. MANOLITO AGUSTIN

  • G.R. No. 141897 September 24, 2001 - METRO CONSTRUCTION v. CHATHAM PROPERTIES

  • G.R. No. 144404 September 24, 2001 - PEOPLE OF THE PHILIPPINES v. LEODEGARIO BASCUGUIN Y AGQUIZ

  • G.R. Nos. 127759-60 September 25, 2001 - PEOPLE OF THE PHIL. v. PO3 NOEL FELICIANO

  • G.R. Nos. 134527-28 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. SERAPIO REY alias APIONG

  • G.R. Nos. 136867-68 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. RODRIGO GALVEZ y JEREZ

  • G.R. No. 137612 September 25, 2001 - PEOPLE OF THE PHILIPPINES v. FRANCISCO ANTINERO BERIARMENTE

  • A.C. No. 4497 September 26, 2001 - MR. and MRS. VENUSTIANO G. SABURNIDO v. ATTY. FLORANTE E. MADROÑO

  • A.C. No. 4990 September 26, 2001 - ELENA ZARATE-BUSTAMANTE and LEONORA SAVET CATABIAN v. ATTY. FLORENTINO G. LIBATIQUE

  • G.R. No. 122824 September 26, 2001 - AURORA F. IGNACIO v. VALERIANO BASILIO,

  • G.R. No. 123058 September 26, 2001 - PEOPLE OF THE PHIL. v. ALFREDO NAPUD, JR.

  • G.R. No. 129107 September 26, 2001 - ALFONSO L. IRINGAN v. HON. COURT OF APPEALS , ET AL.

  • G.R. Nos. 129530-31 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. WILFREDO OLARTE

  • G.R. Nos. 138308-10 September 26, 2001 - THE PEOPLE OF THE PHILIPPINES v. PABLO SANTOS

  • G.R. No. 142564 September 26, 2001 - PEOPLE OF THE PHILIPPINES v. HILGEM NERIO y GIGANTO

  • G.R. Nos. 143108-09 September 26, 2001 - REPUBLIC OF THE PHILIPPINES. v. COURT OF APPEALS

  • Adm. Case. No. 5505 September 27, 2001 - SEVERINO RAMOS v. ATTY. ELLIS JACOBA and ATTY. OLIVIA VELASCO JACOBA

  • G.R. No. 131864-65 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. SHERJOHN ARONDAIN and JOSE PRECIOSO

  • G.R. Nos. 134963-64 September 27, 2001 - ALFREDO LONG and FELIX ALMERIA v. LYDIA BASA

  • G.R. No. 137676 September 27, 2001 - PEOPLE OF THE PHILIPPINES v. ATTY. ROBERTO DIONISIO

  • G.R. No. 144035 September 27, 2001 - PEOPLE OF THE PHIL. v. VICENTE M. BASQUEZ

  • A.M. No. P-00-1391 September 28, 2001 - LIBRADA D. TORRES v. NELSON C. CABESUELA

  • G.R. No. 122425 September 28, 2001 - FLORDELIZA H. CABUHAT v. THE HONORABLE COURT OF APPEALS

  • G.R. No. 124535 September 28, 2001 - THE RURAL BANK OF LIPA CITY, ET AL. v. HONORABLE COURT OF APPEALS, ET AL.

  • G.R. No. 125154 September 28, 2001 - DIGNA VERGEL v. COURT OF APPEALS and DOROTEA-TAMISIN GONZALES

  • G.R. No. 125442 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FERNANDO ARELLANO y ROBLES

  • G.R. No. 127232 September 28, 2001 - GOLDENROD v. HONORABLE COURT OF APPEALS and PATHFINDER HOLDINGS (PHILIPPINES)

  • G.R. No. 127241 September 28, 2001 - LA CONSOLACION COLLEGE, ET AL. v. NLRC , ET AL.

  • G.R. No. 134128 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. GERARDO DE LAS ERAS y ZAFRA

  • G.R. No. 134928 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. FILOMENO BARNUEVO. ET AL.

  • G.R. Nos. 140789-92 September 28, 2001 - THE PEOPLE OF THE PHILIPPINES v. ALIPIO CARBONELL and DIONISIO CARBONELL

  • G.R. No. 145371 September 28, 2001 - PEOPLE OF THE PHILIPPINES v. BEN AQUINO and ROMEO AQUINO

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    G.R. No. 126352   September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 126352. September 7, 2001.]

    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Petitioner, v. COURT OF APPEALS and GLORIA A. BARRAMEDA, Respondents.

    D E C I S I O N


    PARDO, J.:


    The Case


    The case is an appeal via certiorari 1 from a decision of the Court of Appeals 2 which reversed and set aside the decision of the Employees’ Compensation Commission 3 (hereafter, "ECC") and the letters-decisions of the Government Service Insurance System 4 (hereafter, "GSIS") which denied, respondent Gloria A. Barrameda’s claim for compensation benefits under P.D. No. 626. 5

    The Facts


    Gloria A. Barrameda (hereafter, "Gloria") started in the government service on July 1, 1971, as a typist in the Court of First Instance of Manila. 6 On January 3, 1985, she transferred to the Sandiganbayan and held the position of "clerk." On July 1, 1989, she was promoted to the position of Clerk III at the same office. 7

    As Clerk III, Gloria would file and keep the records of Associate Justice Augusto M. Amores. All files were kept in old steel cabinets which would jam from time to time because of rust and misalignment of the cabinet’s rollers. Part of Gloria’s job was to pull out the drawers of the cabinets where the folders of cases with varying thickness and weight were filed. Because sometimes the cabinets would jam, Gloria would have to exert extra effort in pulling and pushing the cabinets’ handles.chanrob1es virtua1 1aw 1ibrary

    On August 26, 1992, as Gloria was pushing the drawer of one of the steel cabinets, she felt an excruciating pain in her wrists as the drawer unexpectedly jammed midway. She cried out in pain, calling the attention of her officemates, Court Attorney Paulino P. Santiago and Court Stenographer Elenita C. Jasul. 8

    From then on, Gloria experienced pain in both of her hands and gradually lost grip in both hands and could no longer keep house or carry heavy objects. 9

    On September 14, 1992, Gloria consulted Dr. Efren de los Santos of De Los Santos Medical Center, who diagnosed her condition as "TENDONITIS EXTENSOR POLLICE’S (sic) LONGUS THUMB, BILATERAL." Gloria was placed on medication and therapy. 10

    On March 23, 1993, Gloria filed a claim for compensation benefits with the GSIS 11 in the amount of twenty thousand nine hundred twenty two pesos and ninety one centavos (P20,922.91) broken down as follows: seven thousand five hundred pesos and ninety one centavos (P7,500.91) for medicine; 12 four thousand eight hundred and seventy pesos (P4,870.00) for physiotherapy 13 and eight thousand five hundred and fifty two pesos (P8,552.00) for professional fees. 14

    On April 2, 1993, in a pro-forma letter, the GSIS denied Gloria’s claim on the grounds that: First, the ailment is a non-occupational disease, and Second, Gloria did not present any proof that her position as Clerk III at the Sandiganbayan increased the risk of her contracting the disease. 15

    On April 19, 1993, Gloria filed with the GSIS a letter request for reconsideration of the aforementioned letter-decision. 16

    On May 20, 1993, the GSIS denied Gloria’s letter request. 17

    On June 1, 1993, Gloria filed with the GSIS a notice of appeal signifying her intention to appeal the denial of her claim to the ECC. 18

    On September 9, 1993, the ECC board resolved 19 to affirm the decisions of the GSIS. 20 According to the ECC, First, there was no proof that the closing of the steel cabinet’s drawers on August 26, 1992 triggered Gloria’s ailment as Gloria sought medical assistance a month after the incident. Second, medical research reveals that Gloria’s ailment 21 is seen as the result of trauma, rheumatoid arthritis or infection. It is usually the result of strenuous or unaccustomed use of the adjacent joint. From this the ECC concluded that the ailment could not have been contracted in the course of Gloria’s employment, and denied her appeal. We quote the dispositive portion of the decision: 22

    "PREMISES CONSIDERED, the decision appealed from is hereby AFFIRMED, and the instant case is DISMISSED for lack of merit.

    "SO ORDERED."cralaw virtua1aw library

    On November 29, 1993, Gloria appealed from the ECC’s dismissal of her claim to the Court of Appeals. 23

    On September 6, 1996, the Court of Appeals promulgated a decision finding that there existed substantial evidence to grant Gloria’s claim. The Court of Appeals recalled Gloria’s tasks as Clerk III of the Sandiganbayan and concluded that such activities were strenuous enough to cause the ailment complained of. However, while the Court of Appeals ruled that the ailment suffered by Gloria was work related, the Court of Appeals found that the amount claimed by Gloria was more than the amount allowed to be reimbursed under the Amended Rules on Employees’ Compensation. Thus, the Court of Appeals ruled: 24

    "WHEREFORE, IN VIEW OF THE FOREGOING, this Petition is hereby GRANTED ordering the GSIS to reimburse petitioner of the proper amount compensable under the rules implementing PD 626.

    "SO ORDERED."cralaw virtua1aw library

    Hence, this petition.25cralaw:red

    The Issue


    Whether or not Gloria was entitled to compensation for work related ailment under P.D. No. 626.

    The Court’s Ruling


    We rule in the affirmative, and consequently, find the petition without merit.

    Under P.D. No. 626, if an ailment or sickness is not listed as an "occupational disease," the claimant must prove that the risk of contracting the illness suffered was increased by his or her working conditions. 26 The degree of proof required is "substantial evidence." Jurisprudence defines "substantial evidence" as that amount of relevant evidence which a reasonable mind might accept as adequate to justify the conclusion. 27 In the case at bar we fund that the evidence met the degree of proof required.chanrob1es virtua1 1aw 1ibrary

    The affidavits submitted by Gloria as well as certifications with respect to the injuries she suffered and the nature of her work justified her claim.

    The following are Gloria’s functions as Clerk III in the Sandiganbayan: 28 First, types drafts and final copies of decisions, resolutions, as well as correspondences emanating from the Office of her Justice, and second, files and keeps records of the same.

    We agree with the Court of Appeals that it is reasonable to conclude that the aforementioned activities which entail the opening and closing, pushing and pulling of rusty steel drawers, which sometimes jam and misalign; the lifting and filing of voluminous files and expedientes and the typing of various drafts and resolutions caused strain and the overstretching of her wrists’ joints and tendons.

    Jurisprudence provides that to establish compensability of a non-occupational disease, reasonable proof and not direct proof of a causal connection between the work and the ailment is required. To require proof of actual causes or factors which lead to the ailment would not be consistent with the liberal interpretation of the social justice guarantee in favor of workers. 29

    We thus do not find any error in the Court of Appeals’ ruling reversing the decision of the ECC. The ECC, as an agency charged by law to implement social justice must adopt a more liberal attitude in favor of claimants like Gloria when it decided her claim for compensability, especially as in this case, when there was basis for inferring a work-connection to the ailment she suffered. The policy of the State is to give maximum aid and protection to labor. 30

    The Fallo

    WHEREFORE, the petition is DENIED and the decision of the Court of Appeals in CA-G.R. SP No. 32703 is AFFIRMED in toto.chanrob1es virtua1 1aw 1ibrary

    No costs.

    SO ORDERED.

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. Filed under Rule 45 of the Revised Rules of Court.

    2. In CA-G.R. SP No. 32703, promulgated on September 6, 1996, Martin, Jr., J., ponente, de Pano, Jr. and Asuncion, JJ., concurring.

    3. In ECC Case No. 6400, dated September 9, 1993.

    4. Dated April 2 and May 20, 1993, respectively, signed by Officer in Charge Processing Division I, Employees’ Compensation Department, Filomena C. Roque.

    5. The Employees’ Compensation and State Insurance Fund.

    6. Petition for Review, Annex "D-1", Service Record in the Judiciary, CA Rollo, p. 32.

    7. Petition for Review, Annex "D", Service Record, CA Rollo, p. 31.

    8. Petition for Review, Annex "J-2", Joint Affidavit, CA Rollo, p. 48.

    9. Petition for Review, Annex "J", Request for Reconsideration, CA Rollo, pp. 46-47, at p. 46.

    10. Petition for Review, Annex "F", Hospitalization Claim for Payment, CA Rollo, pp. 34-35.

    11. Income Benefits Claim for Payment, Employees Compensation Commission Records, p. 110.

    12. Petition for Review, Annex "G", EC Medical Reimbursement Claim Form, CA Rollo, pp. 36-39.

    13. Petition for Review, Annex "H", EC Medical Reimbursement Claim Form, CA Rollo, pp. 40-42.

    14. Petition for Review, Annex "I", EC Medical Reimbursement Claim Form, CA Rollo, pp. 43-45.

    15. Petition for Review, Annex "B", Letter-Decision of the GSIS dated April 2, 1993, CA Rollo, p. 27.

    16. Petition for Review, Annex "J", Request for Reconsideration, CA Rollo, pp. 46-47.

    17. Petition for Review, Annex "C", Letter-Decision of the GSIS dated May 20, 1993, CA Rollo, p. 29.

    18. Petition for Review, Annex "K", Notice of Appeal, CA Rollo, p. 49.

    19. Board Resolution 93-09-0074, Certified correct by Board Secretary Hilarion H. Magno.

    20. Petition for Review, Annex "A", Decision of the Employees’ Compensation Commission, pp. 25-26.

    21. Tendonitis (the inflammation of the synoveal sheats covering the tendon).

    22. Petition for Review, Annex "A", Decision of the Employees’ Compensation Commission, pp. 22-24.

    23. Petition for Review, CA Rollo, p. 2.

    24. Petition, Annex "A", Decision of the Court of Appeals, Rollo, pp. 21-31.

    25. On July 15, 1998, we resolved to give due course to the petition (Rollo, pp. 59-60).

    26. Under the "theory of increased risk" discussed in Librea v. Employees’ Compensation Commission, 203 SCRA 545, 550 [1991]; Dabatian v. Government Service Insurance System, 149 SCRA 123 [1987].

    27. Western Shipyard Services, Inc. v. Court of Appeals and Santiago Lighterage Corporation, G.R. No. 110340, May 28, 2001.

    28. Petition for Review, Annex "E", Certification, CA Rollo, p. 33.

    29. Narazo v. Employees’ Compensation Commission, 181 SCRA 874, 877 (1990).

    30 Lazo v. Employees Compensation Commission, 186 SCRA 569, 574-575 (1990).

    G.R. No. 126352   September 7, 2001 - GSIS v. COURT OF APPEALS, ET AL.


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