G.R. No. 135846 - People vs. Ortega

Petitioner Gloria D. Menez sought a petition for review on certiorari from the decision en banc of the Employees’ Compensation Commission dated March 1, 1978 in ECC Case No. 0462.
The decision en banc affirmed the denial by the Government Service Insurance System (GSIS) of petitioner’s claim for benefits under Presidential Decree No. 626 (now Title II of the New Labor Code).
The petition challenged the denial and dismissal of petitioner’s disability benefits claim.

Petitioner worked for the Department (then the Ministry) of Education & Culture as a school teacher.
Petitioner retired on August 31, 1975 under a disability retirement plan at age 54, after 32 years of teaching.
Petitioner retired due to rheumatoid arthritis and pneumonitis.

Before retirement, petitioner was assigned at Raja Soliman High School in Tondo-Binondo, Manila, near a dirty creek.
Petitioner alleged that the workplace was surrounded by the Divisoria market to the north, Sta. Helena Bridge and creek to the north/northeast, and by other establishments and conditions to the south and surrounding areas.
Petitioner alleged heavy pollution and congestion in the area, including the presence of squatter houses.
Petitioner alleged that, as a teacher handling about 250 students per day, she was subjected to infections from students with flu and colds that aggravated her ailments.
Petitioner alleged she worked afternoon and night shifts, and that she faced varying climatic temperatures at noon and night time.
Petitioner alleged that she was exposed to: varying temperature, polluted surroundings, long standing while teaching, and the physical strain of commuting from Project 2, Quirino District, Quezon City to Binondo and back in rain or shine.
The narrative also referred to the Philippines as a typhoon belt with yearly torrential rains and storms, making petitioner susceptible during daily rides.

On October 21, 1976, petitioner filed a claim for disability benefits under Presidential Decree No. 626, as amended, with GSIS.
On October 25, 1976, GSIS denied the claim.
GSIS denied on the ground that petitioner’s ailments (rheumatoid arthritis and pneumonitis) were not occupational diseases, considering the nature of petitioner’s particular work.
GSIS resolved that:

petitioner’s ailments were “in the least causally related” to her duties and conditions of work;
the ailments were principally traceable to factors “definitely not work-connected”; and
petitioner’s submitted evidence did not show the ailments directly resulted from her occupation as Teacher IV at Raja Soliman High School, Manila.

On November 24, 1976, petitioner filed a letter-request for reconsideration of the denial.
On November 28, 1976, GSIS denied reconsideration, reiterating that petitioner had not established a causal relationship between her employment and the contraction of her ailments.
On March 7, 1977, petitioner requested reconsideration again, still alleging that the ailments arose out of and in the course of employment.
On March 11, 1977, GSIS reaffirmed its stand and elevated the records for review by the Employees’ Compensation Commission.

On March 1, 1978, the Commission issued its en banc decision.
The Commission held that petitioner’s employment had nothing to do with the development of her disabling illnesses.
The Commission further held that petitioner’s ailments were not listed as occupational diseases for the employment she was engaged in so as to merit compensation under Presidential Decree No. 626, as amended.

Whether petitioner’s rheumatoid arthritis and pneumonitis were compensable under Presidential Decree No. 626 (as amended) and the rules implementing the employees’ compensation system

Whether the ailments were occupational diseases listed as compensable under the applicable regulations (including Annex “A”).
Whether, even assuming the ailments were not listed occupational diseases, petitioner proved that the risk of contracting the disease was increased by working conditions under the rules.

Whether petitioner established the alleged work-related aggravation through her exposure to polluted and unhealthy working conditions, varying temperatures, commuting ordeals in rain or shine, contact with many students, and alleged malnutrition.
Whether denial by GSIS and affirmance by the Commission were supported by substantial evidence sufficient to make the ruling final and conclusive.

Whether petitioner’s disability retirement and related circumstances supported compensability

Whether petitioner’s approval for disability retirement indicated physical incapacity due to the ailments such that the ailments should be considered service...(Subscriber-Only)