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FIRST DIVISION

G.R. No. L-46151 April 30, 1980

LOURDES L. FETALVERO, Petitioner, vs. EMPLOYEES' COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (Philippine Constabulary), Respondents.

MAKASIAR, J.:

This is a petition for review on certiorari of the decision of the Employees' Compensation Commission which dismissed the Income Benefits Claim filed by Lourdes Laviña Vda. de Fetalvero, on account of the death of her husband F/Sgt Marcelino Q. Fetalvero.chanroblesvirtualawlibrary chanrobles virtual law library

The deceased soldier entered the service of the Armed Forces of the Philippines on March 19, 1951 and served continuously up to the time of his death on March 17, 1975, from private to first sergeant with a basic monthly salary of P418.72 and monthly allowance of P280.00. His attending physician, Capt. Raymundo A. Duque, diagnosed his illness and cause of death as cardio-pulmonary arrest.chanroblesvirtualawlibrary chanrobles virtual law library

On the basis of the attending physician's certification that the illness of the deceased was directly caused by the employee's duties, petitioner filed the present claim for employee's compensation with the GSIS under the New Labor Code. On June 9, 1976 the GSIS denied the claim on the ground that the deceased's ailment is not an occupational disease or ailment caused by the nature of his employment. This decision was appealed to the Employees' Compensation Commission, which affirmed the decision of the GSIS and dismissed the petitioner's claim.chanroblesvirtualawlibrary chanrobles virtual law library

The facts as found by the Employees' Compensation Commission show that Marcelino Fetalvero was a First Sergeant of the Philippine Constabulary connected with the 2nd Direct Support Company II PCZ, stationed at Camp Vicente Lim, Laguna. He was then in charge of supplies and maintenance of company vehicles. In the early morning of March 17, 1975 he suffered a stroke rendering him unconscious. He was rushed to the camp clinic for emergency treatment and was later transferred to the Army Station Hospital at Camp Eldridge, Los Baños, Laguna, where he died as a result of cardio-pulmonary arrest, CVA, probably cerebral hemorrhage, hypertension.chanroblesvirtualawlibrary chanrobles virtual law library

There is no question that the illness of the deceased Marcelino Fetalvero supervened during his employment, he was then a First Sergeant of the Philippine Constabulary. The cause of his death is admittedly cardio-pulmonary arrest, CVA, or hypertension. The nature of the work of the late Marcelino Fetalvero as in-charge of supplies and maintenance of company vehicles requires that he should report "day and night as per military order". His illness therefore must have been directly caused by the nature of his work.chanroblesvirtualawlibrary chanrobles virtual law library

In the case of G.R. No. L-45846, Mitra vs. ECC, et al., promulgated February 21, 1980, this Court, speaking through Justice Fernandez, held: chanrobles virtual law library

The argument that cardio-respiratory arrest due to hemorrhagic pancreatitis is not one of those listed by the Employees' Compensation Commission or the Ministry of Labor as an occupational disease is of no moment. Time and again the Commission or the Ministry of Labor includes in the list more occupational diseases. Such an arbitrary exercise of authority cannot militate against the fact that cardio-vascular arrest may be caused by tension arising from the performance of the duty of Regio D. Mitra as administrative supervisor. He was performing his duty when at about 10:00 o'clock in the morning of February 26, 1976, he perspired profusely becoming pallid and went to the comfort room where he collapsed and was found later by his co-employees. Within the hour he was rushed to the Nichols Air Base Hospital where he died at about 10:15 o'clock in the morning on the said date.chanroblesvirtualawlibrary chanrobles virtual law library

In another case, G.R. No. L-43127, Macatol vs. WCC, et al., February 28, 1980, this Court ruled that: chanrobles virtual law library

Inasmuch as the petitioner had been totally disabled by his illness of CVA Cerebral Hemorrhage which supervened during his employment with the Bureau of Public Schools, he is entitled to the maximum compensation ... allowed by the Workmen's Compensation Act.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, THE DECISION OF THE EMPLOYEES' COMPENSATION COMMISSION APPEALED FROM IS HEREBY SET ASIDE AND THE GOVERNMENT SERVICE INSURANCE SYSTEM IS ORDERED TO PAY THE PETITIONER chanrobles virtual law library

1. THE AMOUNT OF TWELVE THOUSAND (P12,000.00) PESOS AS DEATH COMPENSATION; chanrobles virtual law library

2. THE SUM OF ONE THOUSAND (P1,000.00) PESOS AS BURIAL EXPENSES; AND chanrobles virtual law library

3. THE AMOUNT OF ONE THOUSAND TWO HUNDRED (P1,200.00) PESOS AS ATTORNEY'S FEES.

SO ORDERED.