Title
Lambino vs. Del Rosario
Case
G.R. No. L-18434
Decision Date
Dec 29, 1962
Martina Lambino petitioned against the WCC and Manila City, seeking death compensation for her husband, Juan Mercado, a laborer who died of tuberculosis. The Supreme Court ruled his illness was work-related, reversing the WCC's denial.
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Case Digest (G.R. No. L-18434)

Facts:

The case involves a petition for review on certiorari by Martina Lambino, representing herself and her children, against N. Baens del Rosario (Chairman, Workmen's Compensation Commission) and the City of Manila. The petition seeks to review the decision of the Workmen's Compensation Commission (WCC), which dismissed the compensation claim for the death of her husband, Juan Mercado. Juan Mercado was a laborer employed by the City of Manila from 1919 until his death in 1953, with a brief interruption during World War II. In November 1952, he contracted rheumatism, which worsened due to his daily work as a sweeper, where he was exposed to heat and cold in the open air. In April 1952, he fell ill and was diagnosed with advanced pulmonary tuberculosis. Despite his illness, he was reinstated to work in November 1952 and assigned to the construction of the International Fair Grounds, where he was frequently overtaken by rain and exposed to the heat of the sun. He died on May 7, 1953, of tuberculosis. Martina Lambino filed a claim for death compensation, which was denied by the WCC for lack of evidence. Subsequent motions for reconsideration based on newly-discovered evidence were also denied by the WCC en banc.

Issue:

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Ruling:

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Ratio:

The Supreme Court based its decision on the premise that Juan Mercado's illness (pulmonary tuberculosis) was caused or aggravated by his work as a laborer (street cleaner or sweeper). The Court emphasized that the nature of his work, which involved constant exposure to dust, dirt, and the elements, was conducive to the development and aggravation of pulmonary tuberculosis. The Court also noted that the deceased's reinstatement to work in November 1952, despite his advanced tuberculosis, and his assignment to construction work where he was constantly exposed to rain and the heat of the sun, undoubtedly aggravated his ailment. Therefore, the Court concluded that the deceased's illness was compensable under Section 2 of Act No. 3428 (Workmen's Compensation Law). This holding aligns with the provisions of Act No. 3428, which compensates workers for illnesses caused or aggravated by the nature of their employment.


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