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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
 

   
June-2009 Jurisprudence                 

  • A.C. No. 5688 - Felipe E. Abella v. Atty. Asteria E. Cruzabra

  • A.C. No. 6674 - Robert Bernhard Buehs v. Atty. Inocencio T. Bacatan

  • A.C. No. 7036 - Judge Lily Lydia A. Laquindanum v. Atty. Nestor Q. Quintana

  • A.C. No. 8010 - KeldStemmerik, represented by Attys. Herminio. Liwanag and Winston P.L. Esguerra v. Atty. Leonuel N. Mas

  • A.M. No. MTJ-05-1588 Formerly No. 04-9-511-RTC - Judge Divina Luz P. Aquino-Simbulan v. Presiding Judge Nicasio Bartolome, et al.

  • A.M. No. MTJ-06-1659, A.M. NO. P-06-2254 and A.M. NO. MTJ-09-1730 - Anna Jane D. Lihaylihay, etc. v. Judge Alejandro Canda etc. / Judge Alejandro Canda, etc., v. Anna Jane D. Lihaylihay

  • A.M. No. P-04-1830 Formerly A.M. No. 04-6-151-MCTC - Office of the Court Administrator v. Sylvia Canque etc.

  • A.M. No. P-07-2400 Formerly OCA IPI No. 07-2589-P - Judge Isidra A. Arganosa-Maniego v. Rogelio T. Salinas etc.

  • A.M. No. P-08-2434 - Lyn L. Llamasares, etc. v. Mario M. Pablico, etc.

  • A.M. No. P-08-2450 Formerly OCA IPI No. 00-27-CA-P - Aurora B. Go v. Margarito A. Costela, Jr., etc.

  • A.M. No. P-08-2579 - Odaline B. Narag v. Maritess R. Manio, Court Interpreter III, RTC of Tuguegarao City, Branc 4

  • A.M. No. RTJ-06-1984 Formerly OCA IPI No. 05-2255-RTJ - Valeriano F. Nu es v. Judge Francisco B. Ibay, etc.

  • A.M. No. RTJ-06-1991 - Office of the Court Administrator v. Hon. Tibing A. Asaali

  • A.M. No. RTJ-07-2063 Formerly OCA I.P.I. No. 07-2588-RTJ, A.M. NO. RTJ-07-2064 : June 26, 2009 Formerly OCA I.P.I. No. 07-2608-RTJ and A.M. NO. RTJ-07-2066 : June 26, 2009 Formerly OCA I.P.I. No. 07-2628-RTJ - Republic of the Philippines v. Judge Ramon S

  • G.R. No. 147097 - Carmelo Lazatin, et al. v. Hon. Aniano A. Disierto, et al.

  • G.R. No. 147925-26 - Elpidio S. Uy, etc. v. Public Estates Authority and the Honorable Court of Appeals

  • G.R. No. 149273 - Beinvenido C. Gilles v. Court of Appeals, Schema Konsult and Edgardo Abores

  • G.R. No. 150677 - Renato Reyes So v. Lorna Valera

  • G.R. No. 152889 - Enrique V. Viudez v. Hon Basilio R. Gabo, Jr. etc., et al.

  • G.R. No. 152928 - Metropilitan Bank and Trust Company v. National Labor Relations Commission, Felipe A. Patag and Bienvenido C. Flora

  • G.R. No. 154717 - Bonifacio M. Mejillano v. Enrique Lucillo, et al.

  • G.R. No. 155502 - Sarabia Optical and Vivian Sarabia-Orn v. Jeanet B. Camacho

  • G.R. No. 155504 - Professional Video, Inc. v. Technical Education and Skills Development Authority

  • G.R. No. 156009 - Rommel C. Briones v. People of the Philippines

  • G.R. No. 157384 - Erlinda I. Bildner and Maximo K. Illusorio v. Erlinda K. Illusorio, Ramon K. Illusorio, Marrietta K. Illusorio, Sheree K. Illusorio, Cecilia A. Bisu a, and Atty. Manuel R. Singson

  • G.R. No. 154211-12, G.R. NO. 158252, G.R. NO. 166200, G.R. NO. 168272, G.R. NO. 170683 and G.R. NO. 173392 - Spouses Ernesto F. Curata, et al. v. Philippine Ports Authority, Philippine Ports Authority v. Remedios Rosales-Bondoc, et al., Philippine Ports A

  • G.R. No. 157714 - Municipality of Pateros Vs.The Honorable Court of Appeals, et al.

  • G.R. No. 158093 - Alberto Imperial v. Hon. Court of Appeals and the Republic of the Philippines

  • G.R. No. 158703 - Technological Institute of the Philippines Teachers and Employees Organization and its member Magdalena T. Salon v. the Honorable Court of Appeals, et al.

  • G.R. No. 158820-21 - Stronghold Insurance, Company, Inc. v. Tokyu Construction Company, Ltd.

  • G.R. No. 158877 - Joven De Grano, etc., v. Gregorio Lacaba

  • G.R. No. 159186 - Jesse Y Yap v. Hon. Monico G. Cabales, et al.

  • G.R. No. 159517-18 - Hilario P. Soriano and Rosalinda Ilagan v. People of the Philippines, Bangko Sentral ng Pilipinas, adn Philippine Deposit Insurance Corporation

  • G.R. No. 159755 - Grace Gosiengfiao Guillen, etc. v. The Court of Appeals, et al.

  • G.R. No. 160080 - National Power Corporation v. Carlos Villamor

  • G.R. No. 161027 - Francisco G. Calma v. Arsenio Santos, et al.

  • G.R. No. 161034 - Zenaida Acosta, et al. v. Trinidad Salazar, et al.

  • G.R. No. 161366 - Sycip, Gorres, Velayo, & Company v. Carol De Raedt

  • G.R. No. 161407 - Joaquin Villegas, et al. v. Rural Bank of Tanay, Inc.

  • G.R. No. 161533 - Filomena Soneja v. Honorable Court of Appeals and Ramon Saura, Jr.

  • G.R. No. 161794 - Nestor J. Balladares, etal., v. Peak VenturesCorporation, et al.

  • G.R. No. 162103 - Marylou B. Tolentino, M.D. v. Shenton Realty Corp.

  • G.R. No. 162286 - Glen Pascual Y Malumbay, et al. v. People of the Philippines

  • G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System

  • G.R. No. 162538 - Nissan North Edsa Balintawak, Quezon City v. Angelito Serrano, Jr. and Edwin Tagulao

  • G.R. No. 163244 - Spouses Jose T. Valenzuela & Gloria Valenzuela v. Kalayaan Development and Industrial Corporation

  • G.R. No. 163868 - Romualdo Pagsibigan v. People of the Philippines and Eleazar Cabasal

  • G.R. No. 163924 - ''J'' Marketing Corporation, represented by its Branch Manager Elmundo Dador

  • G.R. No. 164423 - Triumph International (PHILS.), Inc., v. Ramon L. Apostol, et al.

  • G.R. No. 164584 - Philip Mattews v. Benjamin A. Taylor and Joselyn C. Taylor

  • G.R. No. 164631 - Land Bank of the Philippines v. Rene Ralla Belista

  • G.R. No. 164648 - Eric L. Lee v. Hon. Henry J. Trocino, et al.

  • G.R. No. 165407 - Herminigildo Inguillom, et al. v. First Philippine Scales, Inc., et al.

  • G.R. No. 165411 - Wilma Tabaniag v. People of the Philippines

  • G.R. No. 165424 - Lester Benjamin S. Halili v. Chona M. Santos-Halili and the Republic of the Philippines

  • G.R. No. 165742 - Tri-Corp Land & Development, Inc. represented by Solita S. Jimenez-Paulino v. Court of Appeals and Greystone Corporation

  • G.R. No. 165756 - Hotel Enterprises of the Philippines, Inc., etc. v. Samahan ng mga Manggagawa sa Hyatt-National Union of Workers in the Hotel Restaurant, etc.

  • G.R. No. 165781 - Raul S. Tello v. People of the Philippines

  • G.R. No. 165895 - Terlyngrace Rivera v. Florencio L. Vargas

  • G.R. No. 166036 - Nena A. Cari o v. Estrella M. Espinosa, represented by her atty-in-fact Manuel P. Mejia, Jr.

  • G.R. No. 166393 - Cristina F. Reillo, et al. v. Galicano E. San Jose etc., et al.

  • G.R. No. 166498 - Hon. Secretary of Finance, et al. v. La Suerte Cigar and Cigarette Factory, et al.

  • G.R. No. 166518 - National Housing Authority v. Heirs of Isidro Guivelorido, et al.

  • G.R. No. 167017 - Serafin Cheng v. Spouses Vittorio and Ma. Helen Donini

  • G.R. No. 167420 - Allied Banking Corporation v. Ruperto Jose H. Mateo, represented by Warlito Mateo, as Attorney-in-fact

  • G.R. No. 167710 - People of the Philippines v. joven De Grano, et al.

  • G.R. No. 168039 - Office of the Ombudsman v. Fernando J. Beltran

  • G.R. No. 168184 - Republic of the Philippines v. Ruby Lee Tsai

  • G.R. No. 168215 - LBC Express Metro Manila, Inc. and Lorenzo A. Ni o v. James Mateo

  • G.R. No. 168332 and G.R. NO. 169053 - Teodoro O. Arcenas, Jr., et al. v. Hon. Sixto Marella, Jr., Presiding Judge Branch 138, RTC, Makati City and Ana Maria Koruga

  • G.R. No. 168660 - Hilarion, Jr. and Enrico Orendain, represented by Fe Orendain v. Trusteeship of the Estate of Do a Margarita Rodriquez

  • G.R. No. 168693 - The People of the Philippines v. Jessie Mariano y Isla

  • G.R. No. 168848 and G.R. NO. 169019 - Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor General/Heirs of the late Jose Luzuriaga, etc., v. Republic of the Philippines thru the Office of the Solicitor G

  • G.R. No. 168859 and G.R. NO. 168897 - United Coconut Planters Bank, et al. v. E. Ganzon, Inc./E. Ganzon, Inc. v. united Coconut Planters Bank, et al.

  • G.R. No. 168863 - Hi-Yield Realty, Incorporated v. Hon. Court of Appeals, et al.

  • G.R. No. 169173 - M+W Zander Philippines, Inc. and Rolf Wiltschek v. Trinidad M. Enriquez

  • G.R. No. 169276 - Dionosia Monis Lagunilla, et al., v. Andrea Monis Velasco, et al.

  • G.R. No. 169589 - Joaquin Soliman, et al., v. Pampanga Sugar Development Company (PASUDECO), Inc., and Gerry Rodriguez

  • G.R. No. 170126 - Philippines Veterans Bank v. Solid Homes, Inc.

  • G.R. No. 170182 - Leonardo Tarona, et al. v. Court of Appeals, et al.

  • G.R. No. 170222 - Edgar Esqueda v. People of the Philippines

  • G.R. No. 170312 - Philippine Basketball Association v. Honorable Manuel B. Gaite, in his capacity as Deputy Secretary for Legal Affairs of the Office of the President, et al.

  • G.R. No. 170447 - Bienvenido Di o, et al. v. Pablo Olivarez

  • G.R. No. 170782 - Siain Enterprises, Inc. v. Cupertino Realty Corp. and Edwin R. Catacutan

  • G.R. No. 171137 - Philippine Commericial International Bank v. Sps. Wilson Dy Hong Pi and Lolita Dy and Sps Primo Chuyaco, Jr. and Chuyaco

  • G.R. No. 171188 - People of the Philippines v. Jessie B. Castillo and Felicito R. Mejia

  • G.R. No. 171453 - People of the Philippines v. Manuel Delpino

  • G.R. No. 171535 - Mactan-Ceby International Airport Authority v. Sps. Edito and Merian Tirol and Sps. Alejandro and Mirando Ngo

  • G.R. No. 171762 - Lynn Maagad and Director of Lands v. Juanito Maagad

  • G.R. No. 171763 - Maria Luisa Park Association, Inc., v. Samantha Marie T. Almendras and Pia Angela T. Almendras

  • G.R. No. 172045 - Commissioner of Internal Revenue v. First Express Pawnshop Company, Inc.

  • G.R. No. 172198 - Ma. Lourdes C. De Castro v. Crispino De Castro, Jr., Office of the City Prosecutor for Manila, and the Office of the Solicitor General

  • G.R. No. 172367 - Felicidad Dadizon, et al. v. Socorro Bernadas, et al.

  • G.R. No. 172400 - Zosimo Octavio and Jesus Albona (substituted by his wife, Violeta Albona) v. Enrico R. Perovano

  • G.R. No. 172547 - Precy Bunyi and Mila Bunyi v. Fe S. Factor

  • G.R. No. 172785-86 - Cruzvale, Inc. v. Jose Armando L. Eduque, et al.

  • G.R. No. 172925 - Government Service Insurance System v. Jaime K. Ibarra

  • G.R. No. 172931 - Republic of the Philippines v. RTC Br. 18, Roxas City, Capiz, et al.

  • G.R. No. 174141 - Pentagon Steel Corporation v. Court of Appeals, et al.

  • G.R. No. 174286 - Traders Royal Bank v. Cuison Lumber Co., Inc., Josefa Jerodias Vda. Cuison

  • G.R. No. 174316 - Teodoro S. Miranda, Jr. v. Asian Terminals, Inc. and Court of Appeals

  • G.R. No. 174862 - People of the Philippines v. Yvonne Sevilla y Caballero

  • G.R. No. 175375 - Conrado O. Lasquite and Teodora I. Andrade v. Victory Hills, Inc.

  • G.R. No. 175788 - Enriquita Angat and the Legal Heirs of Federico Angat v. Republic of the Philippines

  • G.R. No. 176015 - Mercedita T. Guasch v. Arnaldo Dela Cruz

  • G.R. No. 176135 - Carlos Irwin G. Baldo v. Commission on Elections. et al.

  • G.R. No. 176157 Formerly G.R. No. 155937 - People of the Philippines v. Elpidio Impas y Polbera

  • G.R. No. 176380 - Pilipinas Shell Petroleum Corporation v. Commissioner of Customs

  • G.R. No. 176530 - Sps. Constante Agbulos and Zanaida Padilla Agbulos v. Nicasio Gutierrez, Josefa Gutierrez and Elena G. Garcia

  • G.R. No. 176744 - People of the Philippines v. Adelado Anguac y Ragadao

  • G.R. No. 177011 - Joseph Peter Sison, et al. v. Rogelio Tablang

  • G.R. No. 177148 - PEOPLE OF THE PHILIPPINES v. RAUL NU ES Y REVILLEZA

  • G.R. No. 177164 - People of the Philippines v. Ramon Frodonzo y Dalida

  • G.R. No. 177179 - V C. Cadangen, et al. v. The Commission on Elections

  • G.R. No. 177404 and G.R. NO. 178097 - Land Bank of the Philippines v. Kumassie Plantation Company Incorporated / Kumassie Plantation Company Incorporated v. Land Bank of the Philippines and the Secretary of the Department of Agrarian Reform

  • G.R. No. 177549 - Anthony S. Yu, et al., v. Joseph S. Yukayguan, et al.

  • G.R. No. 177795 - Leah M. Nazareno, et al. v. City of Dumaguete, represented by City Mayor Agustin Percides, et al.

  • G.R. No. 178337 - Carment R. Ritualo v. People of the Philippines

  • G.R. No. 178461 - California Manufacturing Company, Inc. v. The City of Las Pi as, et al.

  • G.R. No. 178520 - AMA Computer College-East Rizal, et al. v. Allan Raymond R. Ignacio

  • G.R. No. 178624 - Jose Concepcion, Jr. v. Commission on Elections

  • G.R. No. 179090 - Leonilo Sanchez Alias Nilo v. People of the Philippines and Court of Appeals

  • G.R. No. 179452 - Civil Service Commission, Anicia De Lima, in her capacity as Regional Director of CSC-NCR v. Larry M. Alfonso

  • G.R. No. 179700 - People of the Philippines v. Gwyn Quinicot y Curativo

  • G.R. No. 179943 - People of the Philippines v. Marlon Albert De Leon y Homo

  • G.R. No. 180048 - Roseller De Guzman v. Commission on Elections, et al.

  • G.R. No. 180067 - Republic of the Philippines v. Iglesia ni Cristo, Trustee and Applicant, with its Executive Minister Era o Manalo as Corporate Sole

  • G.R. No. 180197 - Francisco N. Villanueva v. Virgilio P. Balaquer, et al.

  • G.R. No. 180755 - Pedriatica, Inc. v. Joselito T. Rafaeles

  • G.R. No. 180817 - Multi-Trans Agency Phils., Inc. v. Oriental Assurance Corporation

  • G.R. No. 180941 - Chairman Percival C. Chavez, Chair and Chief Executive Officer, Presidential Commission for the Urban Poor v. Lourdes R. Ronidel and Honorable Court of Appeals 9th Division

  • G.R. No. 181084 - People of the Philippines v. Bartolome Tampus and Ida Monresclaros

  • G.R. No. 181132 - Heirs of Loreto C. Maramag, etc. v. Eva Verna De Guzman Maramag, et al.

  • G.R. No. 181675 - Spouses Eduardo Tnakiang and Mayda Tankiang v. Metropolitan and Trust Company, Inc.

  • G.R. No. 181688 - Daikoku Electronics Phils., Inc. v. Alberto J. Raza

  • G.R. No. 183211 - Philippine National Bank v. Gotesco Tyan Ming Development, Inc.

  • G.R. No. 183753 - Archinet International, Inc., et al. v. Becco Philippines, Inc., et al.

  • G.R. No. 184081 - Global Holiday Ownership Corporation v. Metropolitan Bank & Trust Company

  • G.R. No. 184704 - People of the Philippines v. Leodegario Bascuguin y Agquiz

  • G.R. No. 184756 - People of the Philippines v. Joven Jumawid

  • G.R. No. 184804 - People of the Philippines v. Rashamia Hernandez y Santos and Grace Katipunan y Cruz

  • G.R. No. 184861 - Dreamwork Construction, Inc. v. Cleofe S. Janiola and Hon. Arthur A. Famini

  • G.R. No. 184915 - Nilo T. Pates v. Commission on Elections and Emelita B. Almirante

  • G.R. No. 185140 - Jerry B. Aguilar v. The Commission on Elections and Romulo R. Insoy

  • G.R. No. 185164 - People of the Philippines v. Frederick Richie Teodoro y Dela Cruz

  • G.R. No. 185284 - People of the Philippines v. Jason Sy

  • G.R. No. 185380 - People of the Philippines v. Rogelio Marcos

  • G.R. No. 185724 - People of the Philippines v. Jessie Malate y Canete

  • G.R. No. 185860 - Antonio and Rodolfo Duran v. People of the Philippines

  • G.R. No. 187883 and G.R. NO. 187910 - Atty. Oliver O. Lozano and Atty. Evangeline J. Lozano-Endriano v. Speaker Prospero C. Nograles, Representative, Majority, House of Representatives - Louis "Barok" C. Biraogo v. Speaker Prospero C. Nograles, Representa

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    G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System

      G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System

    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. NO. 162374 : June 18, 2009]

    RODOLFO B. ARCEÑO, Petitioner, v. GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), Respondent.

    D E C I S I O N

    PERALTA, J.:

    This resolves the Petition for Review on Certiorari under Rule 45 of the Rules of Court, praying that the Decision1 dated June 30, 2003 and Resolution2 dated February 9, 2004 of the Court of Appeals (CA) in CA-G.R. SP No. 69255, denying petitioner's motion for reconsideration, be reversed and set aside.

    The antecedent facts are as follows.

    Petitioner rendered services to the government as a lawyer beginning April 23, 1971, first as a Legal Researcher in the then Court of First Instance of Capiz, then as Deputy Clerk of Court from 1976 to March 15, 1979. On March 16, 1979, he transferred to the Office of the Provincial Fiscal of Capiz, Roxas City and, after several promotions, he eventually held the position of Provincial Prosecutor from March 16, 1998 up to his retirement on August 31, 1999.

    During the course of his government service, specifically on August 28, 1992, petitioner suffered respiratory arrest or failure, hypertension and cardiac malfunction, as a result of which, he was hospitalized and confined until September 19, 1992. During said hospitalization, he was also found to be suffering from adrenal adenoma, a benign tumor of the adrenal gland. Thus, after his hypertension was stabilized, he had an operation for removal of the tumor on November 18, 1992. Although the operation was successful, he was able to return to work only in April 1993.

    Upon his return to work, he had to act as Trial Prosecutor for two branches of the Regional Trial Court of Roxas City and, in 1998, when he became the Provincial Prosecutor, he allegedly had to take on additional work load due to the resignations of four of their prosecutors.

    On April 19, 1999, petitioner again suffered respiratory arrest while working in his office at the Justice Hall of Roxas City. On the same day, a 2-D echocardiogram was conducted on petitioner and Dr. Matias T. Apistar, his attending physician, made the following findings:

    1. Dilated Aortic Root

    2. Aortic Regurgitation Severe

    3. Concentric Left Ventricular Hypertrophy

    4. Paradoxical Motion of the Mid Anterior Septum3

    Petitioner was then advised by the physician to retire on a total permanent disability as his work as Provincial Prosecutor would endanger his life.

    On July 9, 1999, petitioner filed a total and permanent disability claim with respondent Government Service Insurance System (GSIS). Subsequently, or on July 26, 1999, he also applied for retirement effective August 31, 1999.

    Petitioner's claim for income benefits under Presidential Decree No. 626, as amended, was denied by the GSIS in its letter dated June 29, 2001. In a letter dated July 23, 2001, petitioner moved for reconsideration of said denial. It was never mentioned in his motion for reconsideration that his claim for disability benefits is based on cardiovascular disease; instead, he insisted that his adenoma was caused by the stress he suffered from being a Prosecutor. On July 26, 2001, the GSIS denied petitioner's motion for reconsideration, reiterating that the claimed ailment, "Adenoma, Adrenal Gland; Hypokalemia, HCVD sec.,"4 is a non-compensable disease.

    Upon request of petitioner, the GSIS then elevated the records of his case to the Employees' Compensation Commission (ECC) for the latter's review. In a Decision5 dated December 14, 2001, the ECC upheld the GSIS's denial of petitioner's claim for compensation benefits.

    Petitioner then filed a Petition for Review with the CA. For the very first time, petitioner put forth the allegation that his claimed ailment was not only adrenal adenoma, but also cardiovascular disease. On June 30, 2003, the appellate court promulgated its Decision dismissing the petition. The CA ruled that the evidence or certifications and medical records submitted by petitioner "do not convincingly prove a reasonable nexus between the ailment [adrenal adenoma] of Arceño and his work."6 Petitioner's motion for reconsideration of the Decision was likewise denied per Resolution7 dated February 9, 2004.

    Hence, this petition where petitioner argues that the CA erred in not ruling squarely on the issue raised in the Petition for Review; that is, whether petitioner's claim for benefits should be approved, since his illness is not only adrenal adenoma but also cardiovascular disease, which is clearly compensable since it is included in Annex "A" of the Implementing Regulations on Occupational Diseases.

    The petition is doomed to fail.

    Indeed, the CA made no categorical ruling on whether the GSIS should have granted petitioner's disability claim based on cardiovascular disease, and not on the illness of adrenal adenoma alone. However, the CA could not be faulted for this altogether because all throughout the proceedings before the GSIS and the ECC, petitioner's claim was apparently based on the illness adrenal adenoma. It was only in his Petition for Review filed with the CA where petitioner advanced the argument that since he was also suffering from cardiovascular disease, he should be awarded disability benefits based on said illness. In fact, when the GSIS denied his claim, petitioner never even mentioned in his motion for reconsideration thereof that his claim for disability benefits was based on cardiovascular disease; instead, he was insisting that his adrenal adenoma was work-related as it was caused by the stress he suffered as a Prosecutor. His letter8 dated July 23, 2001 stated thus:

    This is a motion for consideration of your order/decision denying my claim for reimbursement and other benefits under PD 626, as amended, which was issued by your department on June 29, 2001, but received by the undersigned on July 14, 2001, based on the following grounds:

    1. The Certification issued by Dr. Benjamin Mombay, dated July 17, 2001, who is my doctor and who diagnosed my adenoma stated that in his opinion my ailment could have been caused by stress or have been aggravated by it x x x.

    2. I believe that as Trial Prosecutor I have been exposed to stress over an extended period of time. This is a modern accepted theory that stress was based on the idea that excessive demands in a person's life produces high levels of hormones. These hormones lower the body's resistance to disease and cause damage. The life of a Trial Prosecutor is one of the most stressful jobs in the government service for the reason that trial advocacy is adversarial. x x x Overtime, the daily hazzles (sic) day in and day out will take its toll.

    x x x

    In the early eighties as Trial Prosecutor, I had the belief that in order to deserve my pay, as Trial Prosecutor, I must be exposed to all kinds of stressful situations as possible. x x x.

    This is my explanation why I believe that my adenoma had been caused by stress.

    It cannot be any clearer that the illness upon which petitioner was basing his claim was adrenal adenoma. As a matter of fact, what may be gleaned from Dr. Mombay's Certification9 dated July 17, 2001, attached to the motion for reconsideration, is that petitioner's adrenal adenoma was the cause of his hypertension, heart disease and respiratory failure. Pertinent portions of the Certification are reproduced hereunder:

    This is to certify that Fiscal Rodolfo B. Arceño has been a patient since September 1, 1992 at Iloilo Mission Hospital, Iloilo City. He was brought to Iloilo Mission Hospital at about 8:30 in the evening of August 31, 1992, suffering from hypertension, heart disease and respiratory failure.

    In my interview with patient, he informed me that he had oftentimes weakness of both arms and legs starting in the early eighties. x x x At first, the patient dismissed the weakness as just a sign of advancing age, but as the years went by the weakness in both his arms and legs became more frequent and lasted longer, until he suffered respiratory arrest on August 31, 1992 at [the] Capiz Emmanuel Hospital, Roxas City.

    Having suspected that patient had the growth of tumor somewhere in his body I ordered a C-T. Scan. The result showed that patient had adenoma (tumor) on the left adrenal gland of the size of 4.5 cm. x 3.5 x 4.2 cm.

    x x x

    The operation having proved a resounding success, I left the management and follow up of patient to my partner, Dr. Henry Gonzales.

    The size of the adenoma and complaint of the patient that he had weakness or numbness of both his arms and legs whenever he is subjected to stress made me conclude that tension and stress have caused or aggravated his condition for it is common knowledge that the job of a trial prosecutor is one of the most stressful jobs in the government service.

    Wherefore, it is recommended that the removal of the adenoma on the left adrenal gland of Fiscal Arceño had caused permanent partial disability and he should be compensated or reimbursed of all his expenses and given other benefits consistent with law and equity.

    Thus, it appears that petitioner's present insistence that he is also suffering from cardiovascular disease resulting from his work as Prosecutor is a mere afterthought after the GSIS denied his claim based on adrenal adenoma.

    Verily, therefore, the CA was correct in not addressing the issue of whether petitioner should be compensated for his alleged cardiovascular disease, as it is hornbook principle that new issues cannot be raised for the first time on appeal. The Court emphasized this rule in Tan v. Commission on Elections,10 explaining that the rule is based on principles of fairness and due process, and is applicable to appealed decisions originating from regular courts, administrative agencies or quasi-judicial bodies, whether rendered in a civil case, a special proceeding, or a criminal case.11 Thus, in Otilia Sta. Ana v. Spouses Leon and Aurora Carpo,12 it was stated that courts must refrain from entertaining an issue raised by a petitioner for the first time on appeal.

    Clearly, petitioner's failure to emphasize before the GSIS and the ECC the issue of whether he may be compensated for his alleged cardiovascular disease is fatal to his case, for by this omission, he is deemed to have waived such issue.13

    Although the Court commiserates with petitioner's sufferings, the Court cannot close its eyes to the need to ensure that the workmen's trust fund is protected from depletion due to claims for illnesses which may not be truly work-related. Thus, the Court emphasizes once again its admonition in Government Service Insurance System v. Cuntapay,14 to wit:

    x x x with prudence and judicial restraint, a tribunal's zeal in bestowing compassion should yield to the precept in administrative law that absent a showing of grave abuse of discretion, courts are loathe to interfere with and should respect the findings of quasi-judicial agencies in fields where they are deemed and held to be experts due to their special technical knowledge and training. Compassion for the victims of diseases not covered by the law ignores the need to show a greater concern for the trust fund to which the tens and millions of workers and their families look for compensation whenever covered accidents, diseases and deaths occur.15

    IN VIEW OF THE FOREGOING, the petition is DENIED for lack of merit. The Decision dated June 30, 2003 and the Resolution dated February 9, 2004 of the Court of Appeals in CA-G.R. SP No. 69255 are hereby AFFIRMED. No costs.

    SO ORDERED.

    Endnotes:


    1 Penned by Associate Justice Roberto A. Barrios, with Associate Justices Josefina Guevara-Salonga and Lucas P. Bersamin (now a member of this Court), concurring; rollo, pp. 11-18.

    2 Id. at 25-26.

    3 See Medical Certificate (Annex "M" of the Petition), rollo, p. 60.

    4 Rollo, p. 77.

    5 Id. at 79-84.

    6 Id. at 16.

    7 Id. at 25-26.

    8 Id. at 73-74.

    9 Id. at 75-76. (Emphasis supplied)cralawlibrary

    10 G.R. NOS. 166143-47, November 20, 2006, 507 SCRA 352.

    11 Id. at 373-375.

    12 G.R. No. 164340, November 28, 2008.

    13 Suzuki v. De Guzman, G.R. No. 146979, July 27, 2006, 496 SCRA 651, 665.

    14 G.R. No. 168862, April 30, 2008, 553 SCRA 520.

    15 Id. at 531, citing Government Service Insurance System v. Court of Appeals, 296 SCRA 514, 537-538 (1998). (Emphasis supplied)cralawlibrary

    G.R. No. 162374 - Rodolfo B. Arce o v. Government Serivec Insurance System


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