G.R. No. L-20202 May 31, 1965
CIRIACO HERNANDEZ, petitioner, vs. WORKMEN’S COMPENSATION COMMISSION and MANILA ELECTRIC COMPANY, respondents.

FACTS

Petitioner Ciriaco Hernandez was employed by respondent Manila Electric Company (MERALCO) as an automotive mechanic on May 15, 1930, in good health. His work involved dismantling, repairing, and installing transmissions, differentials, and steering wheels of trucks. On January 15, 1953, after 23 years of continuous service, he was found to be suffering from pulmonary tuberculosis, which was treated by MERALCO’s physician from 1953 to 1959. He also contracted inguinal hernia, operated on in 1954, and later had carcinoma of the prostate, operated on September 18, 1959. Pursuant to a company circular on retirement for employees with 30 years of service or reaching age 60, MERALCO advised Hernandez on May 8, 1959, that he would be retired on December 31, 1959. At his own request, Hernandez was retired earlier, on November 25, 1959, and paid his retirement benefits; he was then 69 years old. On March 10, 1960, Hernandez filed a Notice of Sickness and Claim for Compensation, alleging he was forced to retire due to disability from illness contracted during employment. The hearing officer awarded disability compensation, but the Workmen’s Compensation Commission reversed this decision on review, prompting Hernandez’s appeal.

ISSUE

Whether petitioner Ciriaco Hernandez is entitled to disability compensation under the Workmen’s Compensation Act for his pulmonary tuberculosis, which arose during his employment and allegedly caused his early retirement.

RULING

Yes, the Supreme Court reversed the Workmen’s Compensation Commission’s decision. It held that Hernandez’s pulmonary tuberculosis, which arose in the course of his employment, is presumed under law to have arisen out of it, and the mere lapse of 23 years before manifestation does not rebut this presumption. The Court found that Hernandez was forced to retire early due to his weakened bodily condition from the illness, not merely his age, as evidenced by the Employer’s Report stating retirement was due to “minimal PTB, bilateral, fibroid.” However, compensation is limited to the period of his inability to work before his scheduled compulsory retirement on December 31, 1959, as his earning capacity independent of sickness ended on that date. He is entitled to P35.00 weekly compensation from November 25, 1959, to December 31, 1959, exclusive of the first three days, based on his average weekly wage of P69.60. The claim was not prescribed because MERALCO’s voluntary provision of medical services dispensed with the need for timely notice, and his early retirement request substantially fulfilled the claim requirement. The Court did not rule on compensation for his other illnesses as it was unnecessary. MERALCO was ordered to pay the compensation and fees under the Workmen’s Compensation Act.