G.R. No. L-42400, August 7, 1985
Isauro Abcede and Milagros David, petitioners, vs. Workmen’s Compensation Commission and Philippine Telegraph & Telephone Corporation, respondents.

FACTS

Petitioners Isauro Abcede and Milagros David are the parents and dependents of Romeo D. Abcede, who was employed as a delivery messenger by respondent Philippine Telegraph & Telephone Company (PTTC) with a monthly salary of P270.00. He had been employed for approximately two years and one month. On December 2, 1974, Romeo reported for work as usual. After his duty hours, he went home and complained of headache and body weakness. The following morning, on December 3, 1974, he was found dead at his residence. The cause of death was certified as “Asphyxial cardio-respiratory failure with marked congestion of lungs, heart, liver, stomach and pancreas. (Died in sleep).” It was also an undisputed fact that five months prior to his death, he had complained of chest pain, difficulty of breathing, and back pain.
The petitioners filed a claim for death compensation benefits under the Workmen’s Compensation Act. The Acting Referee granted the claim, applying the statutory presumption of compensability, noting the death closely followed a workday and the deceased had antecedent symptoms. PTTC appealed to the Workmen’s Compensation Commission, which reversed the Referee’s decision. The Commission ruled that the claimants failed to prove the ailment was work-connected, noting an absence of medical treatment records or evidence that the death was triggered by work-related factors.

ISSUE

Whether the death of Romeo D. Abcede is compensable under the Workmen’s Compensation Act.

RULING

The Supreme Court reversed the decision of the Workmen’s Compensation Commission and reinstated the award of death benefits, with a modification on the amount. The Court’s ruling is anchored on the legal presumption of compensability established under Section 44 of the Workmen’s Compensation Act. The law presumes that a claim falls within its provisions, and that an illness which supervenes during employment either arose out of or was aggravated by said employment. This presumption is jurisprudentially affirmed; once an illness supervenes during employment, it is presumed compensable, shifting the burden of proof to the employer to rebut it with substantial evidence.
In this case, Romeo Abcede’s cardio-respiratory illness manifested and resulted in his death while he was employed. The fact that he complained of symptoms months before his death and died shortly after a workday reinforces the application of the presumption. The respondent company failed to present substantial evidence to overcome this legal presumption. The Commission erred in requiring the claimants to positively prove a causal link, as the Act relieves the employee of that burden. Therefore, the death is deemed work-connected and compensable. The award is modified to P6,000.00 as death compensation.