Republic of The Philippines Supreme Court: Notice
Republic of The Philippines Supreme Court: Notice
Republic of The Philippines Supreme Court: Notice
SUPREME COURT
Manila
SECOND DIVISION
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution
dated 09 December 2020 which reads as follows:
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Resolution 2 G.R. No. 200652
On July 17, 2007, respondent received a letter from GSIS, dated July 6,
2007, denying her claim on the ground that there is no sufficient evidence to
show that the cause of Lorenzo's death was work-related. 8 ·Respondent
submitted additional documents to GSIS, but the latter was unmoved, holding
that Lorenzo's smoking history constituted negligence on his part, which is
sufficient reason to deny the claim for death benefits. 9
For this reason, respondent filed an appeal with the ECC. On July 31,
2008, the ECC rendered a Decision 10 dismissing the claim. Thus:
so ORDERED. 11
The ECC held that the records failed to show a causal relationship
between Lorenzo's illness and his occupation. The stroke was not shown to
be due to trauma to the head or that it was precipitated by undue or
extraordinary strain at work, which are the conditions that make the illness
compensable under P.D. No. 626, as amended. 12
Moreover, the ECC held that medical science already established that
the risk of developing a stroke increases with older age, cardiovascular disease
and other conditions linked with atherosclerosis. In this case, the presence of
atherosclerotic changes is demonstrated by Lorenzo's x-ray result. He had
6
Id. at 28.
7
Id.
8
CA rollo, p. 35.
9
Rollo, pp. 28-29.
10
Id. at 39-45.
11
1d.at45.
12
Id. at 43.
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Resolution 3 G.R. No. 200652
also been recently treated for a hea1i condition. 13 Lorenzo' s cigarette smoking
also caused or contributed to the development of his cerebrovascular disease.
Hence, there was no reason to deviate from the GSIS decision denying
respondent's claim. 14
In essence, the CA held that under Annex "A" of the Amended Rules
on Employees' Compensation, cerebrovascular accidents and essential
hypertension are occupational and compensable diseases, and the resulting
death entitles beneficiaries of employees to benefits under P.D. 626. Since
Lorenzo died of Uncal Herniation, Cerebrovascular Disease-Cardioembolic
and Hypertensive Heart Disease, his disease is compensable and respondent
is entitled to death benefits. 16
13 ld.
14
Id. at 44.
15
Id. at 35.
16
Id. at 30-31.
I
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Resolution 4 G.R. No. 200652
17
Id. at 15-16.
18 Id. at 16.
i9 Id.
20
Id. at 17.
21
Id. at 18.
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Resolution 5 G.R. No. 200652
In the pet1t10n, GSIS cites the finding of the ECC that there was
negligence on the part of Lorenzo, comprised of his cigarette smoking, which
caused or contributed to the development of his cerebrovascular disease. 27
GSIS refers to the "medical findings" quoted in the ECC Decision which
pertinently states that "[c]igarette smoking is an important cause of
cerebrovascular disease and accounts for an estimated [18%] of 150,000 stroke
deaths that occur every year in the United States. Studies have shown
22 Government Service insurance System v. Baul, 529 Phil. 390, 396 (2006).
23
CA rollo, p. 3 I.
24 Id. at 33-34.
25
Rollo, p. 32.
26
Villamar v. Employees ' Compensation Co111111ission. 800 Phil. 269, 282(2016).
27
Rollo, pp. 17- 18.
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Resolution 6 G.R. No. 200652
The Court cannot subscribe to the position taken by GSIS. It singled out
the presence of smoking as a factor that rendered Lorenzo's ailments, otherwise
listed as occupational, to be non-compensable. To be sure, while smoking is
undeniably among the causes of cerebrovascular disease, it is not the sole
cause thereof. This is evident not only from the facts of the case, but even in
the " medical findings" quoted above. Cerebrovascular disease may be caused
by other factors such as working and living under stressful conditions. Thus,
the peremptory presumption that Lorenzo's smoking habit caused his illness
and resulting death, without more, cannot suffice to bar respondent's claim for
disability benefits. 29
28
lei. at 18.
29
GSIS v. De Caslro, 610 Phil. 568, 584 (2009).
30
Id. at 581.
31
Id.at 582.
32
Rollo, pp. 18-1 9.
33 Marlow Navigation Philippines, Inc. v. Heirs of Gana/, 8 10 Phi l. 956, 961 (20 17).
34
NGEJ Multi-purpose Cooperative, Inc. v. Filipinas Pa/moil Plan/a /ion Inc., 697 Phil. 433, 444 (2012).
35
GSIS v. De Castr o, supra note 27 at 582.
36
GSIS v. Calwnpiano, 748 Phil. 743, 759(20 14).
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Resolution 7 G.R. No. 200652
INOTUAZON
erk of Court ,,, ,12 G.
2 6 JAN 2lJL1 r
ATTY. EUSEBIO JOSEF. ALVINA (reg) OFFICE OF THE CHI EF ATTORNEY (x)
Counsel for Respondent OFFICE OF THE REPORTER (x)
Ground Floor, Prieto Building Supreme Court, Manila
Panganiban Dr., Naga City
4400 Camarines Sur COURT OF APPEALS (x)
Ma. Orosa Street
EMPLOYEES COMPENSATION COMMISSION (reg) Ermita, 1000 Manila
th
4 th & 5 Floor, ECC Building CA-G.R. SP No. 105836
355 Sen. Gil J. Puyat Avenue
Makati City Please 1101(/j, tlte Court of any change in your address.
(ECC Case No. GM-18095-0512-08) GR200652. I 2/09/2020(277)URES
n Id. at 753.
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