[ G.R. No. 139165. March 8, 2000]

GSIS vs. VERONICA CLEMENTE

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 8 2000.

G.R. No. 139165 (Government Service Insurance System vs. Veronica Clemente.)

The records reveal that the deceased Carlos Clemente was a member of the police force from October 9, 1972 until July 10, 1995 when he succumbed to death due to cardio-respiratory arrest, hospital acquired pneumonia, hepatic encephalopathy IV and liver cirrhosis.

On October 25, 1995, petitioner Veronica Clemente, the surviving spouse of the deceased Clemente, filed a claim for death benefits under P.D. No. 626, as amended, before the Government Service Insurance System (GSIS). Said claim was denied by respondent GSIS because the cause of death was not work-connected and neither was it shown that his death was brought about by conditions attendant to his employment as police officer. The motion for reconsideration having been denied, petitioner Clemente appealed to the Employees' Compensation Commission (ECC) which, in turn, affirmed the decision of the respondent GSIS.

A petition for review was consequently filed with the Court of Appeals.

On June 28, 1999, the Court of Appeals reversed and set aside the ECC's decision and granted the death compensation benefits due the petitioner for the death of her husband. The Court of Appeals ratiocinated thusly:

The matter to be resolved in this petition only involves the correct application of the provisions of Sec, 1(b), Rule III of the implementing rules of P.D. 626, which provides:

"(b) For the sickness and the resulting disability as death to be compensable, the sickness must be the result of an occupational disease listed under Annex 'A' of these Rules with the conditions set therein satisfied: otherwise proof must be shown that the risk of contracting the disease is increased by the working conditions."

Petitioner's plea for compensation benefits under P.D. 626, as amended could have easily been granted by the Employees Compensation Commission based on the social justice provision of our Constitution had it only listened to her petition. In fact, the National Police Commission has liberally construed the matter in favor of Carlos Clemente finding his death compensable. Although the law seems to be unfair to the working man, in that a lowly government worker like Carlos Clemente, who died of a disease not listed in Annex A of P.D. 626 cannot be compensated under such law, yet, its provision giving the heirs of the deceased a chance to discourse on reasons which would convince the Commission or the Court to believe that indeed the risk of contracting the disease was increased by the working conditions of the deceased worker, corrects the unfairness of the same. In this regard, petitioners has fairly shown to us such conditions.

Hence, as the champion of the social justice provision enshrined in our Constitution, the Supreme Court in the case of Nitura vs. ECC, (201 SCRA 278) has held, thus:

"As an official agent charged by law to implement social justice guaranteed and secured by the Constitution, the Employees' Compensation Commission should adopt a liberal attitude in favor of the employee in deciding claims for compensability."

The foregoing considered, we hold that the cause of death of Carlos Clemente can be considered as work-connected as his sickness "liver cirrhosis" or "hepatic encephalopathy IV" can be considered as akin to "liver cancer" or "viral hepatitis" which are occupational diseases, it is just fair and proper that his wife should receive compensation benefits for his death. 1 Rollo, pp. 25-26.

We agree with the Court of Appeals and find that no reversible error was committed by it in disposing the issue.

Cirrhosis of the liver, while not listed as an occupational disease, was pronounced as compensable by this Court. In Santos vs. Employees' Compensation Commission, 2 221 SCRA 182 (1993). we held that:

Cirrhosis of the liver is not listed as an occupational disease. Nevertheless, in the very recent case of Librea v. Employees' Compensation Commission, We took a liberal stand and based on the evidence presented, pronounced the said sickness compensable. In the cited case, a Division Physical Education Supervisor, who likewise spent the last 32 years of his life in public service was adjudged entitled to the benefits of the ECC, upon his death due to liver cirrhosis.

In the said case, the ECC denied the claim of the heirs on the ground that the abundant stress and strain experienced by the deceased employee were too farfetched to cause the development of liver cirrhosis. According to the medical research made by the Commission in the case, portal cirrhosis or cirrhosis of the liver occurs chiefly in males in their late middle life. Malnutrition is believed to be a predisposing factor if not the primary etiologic factor, and may account for its prevalence among alcoholics. This chronic disease characterized by increased connective tissue that spreads from the portal spaces, distorts the liver architecture thereby impairing liver functions.

In granting the petition, the Court correlated the fact that the deceased experienced untold sufferings in the course of his inspection of barrio schools and that he became malnourished because of the scarcity of food in the places he traveled to. All these factors were found to have contributed to the weakening of his health rendering him susceptible to malnutrition and eventually to contracting liver cirrhosis.

In the case at bar, the Commission said that liver cirrhosis may be classified by a mixture of etiologically and morphologically defined entities as follows:

1) Alcoholic cirrhosis, chronic alcoholism is a major cause of alcohol cirrhosis. The amount and duration of ethanol ingestion rather than the type of alcohol beverage of the pattern of ingestion, appear to be an important determinant of liver injury. Nutritional factors may augment the detrimental effects of chronic alcohol ingestion on the liver.

2) Post necrotic cirrhosis is the final pathway for many types of advanced liver injury of both specific and unknown causes. Viral hepatitis, (hepatitis B, Non A, Non B) may be an antecedent. Other causes are drugs, toxins and alcoholic liver disease and primary biliary cirrhosis.

3) Biliary cirrhosis results from injury to or prolonged obstruction of either the intrahepatic or extrahepatic biliary system.

4) Cardiac cirrhosis-prolonged severe right-sided congestive heart failure may lead to chronic liver injury and cardiac cirrhosis.

5) Metabolic, hereditary, drug-related and other types.

We do not pretend to be an expert in the realm of medical discipline. However, We cannot discount the fact that the cause of death of petitioner's husband could be very well be related to his previous working conditions. Even the Commission volunteered the theory that post necrotic cirrhosis show that of the many types of advanced liver injury, one cause may be due to toxins.

As a welder, Francisco was exposed to heat, gas fumes and chemical substances coming from the burning electrodes caused by welding. Generally, the metal burned is iron. In the course thereof, other compounds and oxides, such as carbon monoxide, carbon dioxide, sulfur and phosphorus, may be emitted in the process of welding, depending on the kind of material used and extent of corrosion of the metal worked on. These vaporized metals are inhaled by the welder in the process and significantly in this case, Francisco had to do welding jobs within enclosed compartments.

Research shows that ingestion or inhalation of small amounts of iron over a number of years may lead to siderosis. Acute poisoning brings about circulatory collapse which may occur rapidly or be delayed to 48 hours with liver failure. These are industrial hazards to which Francisco was exposed. And in the long course of time, 32 years at that, his continuous exposure to burned electrodes and chemicals emitted therefrom would likely cause poisoning and malfunctioning of the liver. 3 Id., at 185-187.

As a police officer, the deceased was constantly exposed to the elements. While in the discharge of his duties, he was subjected to heat, gas fumes and chemical substances emitted by motor vehicles, and other compounds and oxides emitted in the air. These hazards to which the deceased was exposed to for about 23 years could have likely caused poisoning and malfunction of the liver. Indeed, the risk of contracting the said disease was increased by the working conditions of the deceased.

Besides, the compassion of the law on social justice and social security, dictated by no less than the Constitution, is towards its beneficiaries and the law by its own terms requires a construction of utmost liberality in their favor.4 See also Vicente vs. Employees' Compensation Commission, 193 SCRA 190 (1991).

ACCORDINGLY, the Court RESOLVED to DENY the instant petition for lack of merit. Pardo, J., is on official leave.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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