Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1978 > September 1978 Decisions > G.R. No. L-43226 September 30, 1978 - GREGORIA MARQUEZ v. WORKMEN’S COMPENSATION COMMISSION:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-43226. September 30, 1978.]

GREGORIA MARQUEZ, Petitioner, v. WORKMEN’S COMPENSATION COMMISSION, BUREAU OF PUBLIC SCHOOLS AND THE SOLICITOR GENERAL, Respondents.

Alfredo L. Rojo for Petitioner.

Acting Solicitor General Hugo E. Gutierrez, Jr., and Assistant Solicitor General Reynato S. Puno for Respondents.

SYNOPSIS


Petitioner, a permanent teacher of the Bureau of Public Schools, got sick of "Resoma Uteri, Cystic Ovary, Bilateral." She was operated on by reason of her illness which prevented her from performing her duties for forty-five (45) days.

Petitioner filed a claim for compensation. To prove that her sickness was caused or aggravated by the nature of her work she adduced evidence showing that during the period of her employment she was exposed to heat, rain and inclement weather which made her susceptible to illness, and that she had to stand for hours and could not leave easily the classroom notwithstanding personal necessity specially when there was an observer. Respondent did not any evidence to dispute the claim.

The Acting Referee granted claimant compensation for temporary total disability for labor for forty-five (45) days only because claimant was able to resume and perform her work and receive pay therefor. The Workmen’s Compensation Commission reversed the Referee’s decision and observed the respondent Bureau of Public Schools from any liability stating that no compensation can be granted under Section 18 of the Workmen’s Compensation Act since claimant was able to resume her work and receive pay for her services.

The Supreme Court set aside the decision appealed from and reinstated that of the Referee. The Bureau of Public Schools ordered to reimburse petitioner her medical expenses if supported by proper receipts.


SYLLABUS


1. WORKMEN’S COMPENSATION; ILLNESS SUPERVENING DURING EMPLOYMENT PRESUMED CAUSED OR AGGRAVATED BY EMPLOYMENT. — Where the illness supervened during employment, a disputable presumption arises that said illness was caused or aggravated by his employment.

2. ID.; TEMPORARY TOTAL DISABILITY DURING EMPLOYMENT. — Where an employee during his period of employment suffered from an illness which was caused or aggravated by his employment, and during the period of his treatment, he could not render service for forty-five (45) days, but later became well after the period of medical treatment and was reinstated to his work, such employee may be entitled to compensation for temporary total disability for labor pursuant to Section 14 of the Workmen’s Compensation Act, but not under Section 18 of said Act because claimant was able to work and receive pay after he became well.

3. ID.; MEDICAL BENEFITS; CLAIMANT ENTITLED TO MEDICAL BENEFITS. — A claimant is entitled to reimbursement of his medical expenses if supported by proper receipts.


D E C I S I O N


FERNANDEZ, J.:


This is a petition to review the decision of the Workmen’s Compensation Commission in R07-WC Case No. 1646 entitled "Gregoria Marquez, Claimant, versus, Republic of the Philippines (Bureau of Public Schools), Respondent", reversing the decision of the Acting Referee in Sub-Regional Office No. 7, Bacolod City, and absolving the Bureau of Public Schools from any liability. 1

A claim for compensation was filed by Gregoria Marquez on March 21, 1975 with the Workmen’s Compensation Unit at Bacolod City for her illness of "Resoma Uteri, Cystic Ovary, Bilateral" alleged to have supervened during her employment as classroom teacher in Rizal Elementary School, Bacolod City, Bureau of Public Schools.

The Acting Referee granted the claimant compensation for temporary total disability for labor for forty five (45) days. 2 The Bureau of Public Schools appealed to the Workmen’s Compensation Commission which reversed the decision of the Acting Referee.chanrobles law library : red

The claimant, Gregorio Marquez, while employed as a classroom teacher of the Bureau of Public Schools at the Rizal Elementary School, Bacolod City became sick on February 28, 1970 of "Resoma Uteri, Cystic Ovary, Bilateral." She was given medical treatment for forty five (45) days. At the time claimant became sick of the aforementioned illness, she was receiving a monthly salary of P349.00 working at least five (5) days a week as a permanent employee. The claimant was operated on by reason of her illness. During the period of her treatment, she could not render service for forty five (45) days. When she became well, she was reinstated to her position as classroom teacher.

The claimant attributed her illness to the nature of her work. According to her, during the period of her employment, she was exposed to the heat, rain and inclement weather which made her susceptible to illness. She had to stand for hours and she could not easily leave her classroom notwithstanding personal necessity, specially if there was an observer.

The claimant’s illness having supervened during her employment, there is a disputable presumption that said illness was caused or aggravated by her employment. 3 Moreover, the claimant adduced evidence that her illness was either caused or aggravated by the nature of her work as a classroom teacher.

The respondent, Bureau of Public Schools, did not present any evidence to show that the illness of the claimant was neither caused nor aggravated by her work as classroom teacher.

The Referee of the Workmen’s Compensation Unit at Bacolod City granted the petitioner compensation for temporary total disability for labor for forty five (45) days in the amount of P310.63 pursuant to Section 14 of the Workmen’s Compensation Act. No compensation under Section 18 of said Act was granted because the claimant was able to work and receive pay after she became well. As reflected in question No. 16 of the notice of injury she filed, she became well after the period of medical treatment and she was reinstated to her work.

The petitioner is also entitled to reimbursement of her medical expenses if supported by proper receipts.

WHEREFORE, the decision appealed from is hereby set aside and the respondent, Republic of the Philippines (Bureau of Public Schools), is hereby ordered:chanrob1es virtual 1aw library

1) To pay the petitioner compensation for her temporary total disability for labor for forty five (45) days in the amount of Three Hundred Ten Pesos and 63/100 (P310.63);

2) To reimburse the petitioner of medical expenses if supported by proper receipts; and

3) To pay the successor of the Workmen’s Compensation Commission the amount of Five Pesos (P5.00) as administrative fees.

SO ORDERED.

Teehankee (Chairman), Makasiar, Muñoz Palma and Guerrero, JJ., concur.

Endnotes:



1. Annex "A", Rollo, pp. 7-8.

2. Rollo, pp. 9-11.

3. Manila Railroad Company v. Workmen’s Compensation Commission, Et Al., 21 SCRA 98, 103.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






September-1978 Jurisprudence                 

  • G.R. No. L-30375 September 12, 1978 - JOSE ESCRIBANO v. DAVID P. AVILA

  • G.R. No. L-46027 September 15, 1968 JOSEFINO C. DRACULAN v. PROCORO J. DONATO

  • G.R. No. L-39344 September 18, 1978 - RICARDO JANDOG v. COURT OF APPEALS

  • G.R. No. L-45485 September 19, 1978 - PEOPLE OF THE PHIL. v. RUFINO DE LA CRUZ

  • G.R. No. L-41187 September 29, 1978 - JUAN LAMBIQUIT v. GERONIMO MARAVE

  • G.R. No. 1170-CFI September 30, 1978 - NIEVES L. RITUAL v. ERNESTO P. VALENCIA

  • G.R. No. L-23128 September 30, 1978 - MALAYAN INSURANCE CO., INC. v. MANILA PORT SERVICE

  • G.R. No. L-24874 September 30, 1978 - CORNELIO MACANDILE v. ARTEMIO C. MACALINO

  • G.R. No. L-30924 September 30, 1978 - PEOPLE OF THE PHIL. v. ARNULFO BANGSAL

  • G.R. No. L-36603 September 30, 1978 - DOROTEO TOLEDO, JR. v. PEOPLE OF THE PHIL.

  • G.R. No. L-38134 September 30, 1978 - JESUS R. AZNAR v. COURT OF APPEALS

  • G.R. No. L-39075 September 30, 1978 - PEOPLE OF THE PHIL. v. REDENTOR TIBAYAN

  • G.R. No. L-41351 September 30, 1978 - REPUBLIC OF THE PHIL. v. LUIS LARDIZABAL

  • G.R. No. L-42536 September 30, 1978 - FRANCISCO CARRERA v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-42648 September 30, 1978 - CARMELITA ACOSTA-OFALIA v. CARLOS L. SUNDIAM

  • G.R. No. L-42896 September 30, 1978 - CECILIA R. PARAISO v. HERMINIA CASTELO-SOTTO

  • G.R. No. L-43036 September 30, 1978 - DOMINGO LOPEZ v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43083 September 30, 1978 - GREGORIO BALLESTAMON v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43226 September 30, 1978 - GREGORIA MARQUEZ v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43471 September 30, 1978 - JOSE TORALDE v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43690 September 30, 1978 - SANCHO SEBASTIAN v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43691 September 30, 1978 - FELICISIMO LIGASON v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-43942 September 30, 1978 - APRONIANO ALABAT v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-44077 September 30, 1978 - ELIODORA C. VDA. DE CORPUZ v. COMMANDING GENERAL, PHILIPPINE ARMY

  • G.R. No. L-48471 September 30, 1978 - BETTY A. DACUYAN v. FIDEL RAMOS