G.R. No. L-55539 November 19, 1982
Diosa de Leon, petitioner, vs. Employees’ Compensation Commission and Republic of the Philippines, Government Service Insurance System, Ministry of National Defense (Philippine Navy), respondents.

FACTS

Petitioner Diosa de Leon is the widow of Ruben de Leon, who served as an electrician and repairman in the Philippine Navy from 1955. His duties involved welding metals, repairing batteries, and similar electrical work. The deceased was treated for acute tonsillitis in 1969 and for pulmonary tuberculosis from 1975 to 1978. On May 25, 1978, he was confined and diagnosed with carcinoma of the nasopharynx (throat cancer). He died on September 5, 1978.
Petitioner filed a claim for death benefits under Presidential Decree No. 626. The Government Service Insurance System (GSIS) denied the claim, stating the sickness was not due to employment, citing that nasopharyngeal carcinoma’s cause is unknown and genetic factors may be involved. The Employees’ Compensation Commission (ECC) affirmed the denial, ruling the ailment was not an occupational disease under the law and that its development was independent of his work as an electrician.

ISSUE

Whether the death of Ruben de Leon from nasopharyngeal carcinoma is compensable under the applicable employees’ compensation law.

RULING

Yes, the death is compensable. The Supreme Court set aside the ECC decision. The legal logic proceeds from two key points. First, the cause of action accrued when the ailment was contracted. Medical records show treatment for related conditions as early as 1969, long before the effectivity of the new Labor Code (PD 626). Therefore, the case is governed by the more liberal provisions of the old Workmen’s Compensation Act, which applies to causes of action that accrued prior to January 1, 1975.
Second, under the old Act, the presumption of compensability applies. Once it is shown that the illness arose in the course of employment, as here where the deceased worked continuously for the Navy, the burden shifts to the employer to disprove work-connection. The respondents failed to present substantial evidence to overcome this presumption. The Court cited medical theory that chemical, mechanical, or thermal irritation can contribute to the development of such carcinoma, which was plausible given the deceased’s exposure to fumes and chemicals as an electrician and welder. Following the constitutional policy of social justice and affording maximum protection to labor, all doubts are resolved in favor of the employee. The GSIS was ordered to pay death benefits, reimburse medical expenses, and provide burial expenses and attorney’s fees.