G.R. No. L-62157 December 1, 1987
EULALIO MORA JR., in representation of his deceased wife, LETICIA ADOR MORA, petitioner, vs. EMPLOYEES’ COMPENSATION COMMISSION and the GOVERNMENT SERVICE INSURANCE SYSTEM (Bureau of Telecommunication), respondents.

FACTS

The late Leticia Mora was a telegraph operator for the Bureau of Telecommunications from 1963 until December 1979. In January 1978, she complained of frequent epigastric pain. Medical examination revealed she had adenocarcinoma of the ileocaecal junction, a cancer affecting a portion of the small intestine. She underwent surgery, but the ailment recurred. She filed a claim for disability benefits under PD 626, as amended, which was denied by the GSIS on the ground that her ailment was not an occupational disease listed for her employment.
Leticia Mora died on November 22, 1980. Her husband, Eulalio Mora Jr., continued to prosecute her appeal. The Employees’ Compensation Commission affirmed the GSIS denial, ruling that the illness which caused her death was not work-connected, as it was not listed as an occupational disease and there was no proof that the risk of contracting it was increased by her working conditions as a telegraph operator.

ISSUE

Whether the death of Leticia Mora from adenocarcinoma is compensable under Presidential Decree No. 626, as amended, despite the unknown etiology of her cancer and its absence from the list of occupational diseases.

RULING

Yes, the death is compensable. The legal logic proceeds from the interpretation of the compensability requirements under the New Labor Code. For a non-listed illness like cancer to be compensable, the law requires proof that the risk of contracting the disease is increased by the working conditions. However, the Court clarified that this requirement of proof applies only when the cause of the disease is known or determinable.
In this case, the medical evidence established that the cause of adenocarcinoma is unknown, even to medical science. The Court, citing precedents like Mercado, Jr. v. ECC and Flaviano Nemaria v. ECC, held that it is grossly inequitable and legally impossible to demand proof of a causal link between the employment and a disease whose origin is medically undetermined. The law cannot demand an impossibility. Given the social justice and liberal character of the employees’ compensation scheme, and considering the deceased’s sixteen years of service and contributions to the system, the requirement of proof is deemed inapplicable. Therefore, the denial of the claim was reversed, and the respondents were ordered to pay the full compensation benefits.