G.R. No. L-45224. October 18, 1979.
Eriberta R. Carino, petitioner, vs. Workmen’s Compensation Commission, Bureau of Public Schools, The Secretary of Labor and/or The Compensation Appeals & Review Staff, Department of Labor, respondents.

FACTS

Petitioner Eriberta R. Carino, a public school teacher since 1930, ceased working on April 15, 1973, due to disability. She had been on sick leave in 1972 for acute gastroenteritis secondary to anemia and infection. On October 14, 1975, an Acting Referee awarded her disability compensation, finding her illnesses of hypertension, rheumatism, acute gastroenteritis, and anemia to have supervened in the course of her employment. Counsel for the respondent Republic received this decision on October 21, 1975.
On November 24, 1975, the Republic filed a verified petition to elevate records for relief from judgment with the Workmen’s Compensation Commission (WCC), alleging it was prevented from appealing due to accident or excusable negligence. The WCC, acting on this petition, reviewed the records, reversed the Acting Referee’s award, and absolved the Republic from liability. It noted the medical evidence but found no other supporting documents. Carino filed this certiorari petition, arguing the WCC had no authority to review a final decision.

ISSUE

The primary issue is whether the WCC validly acquired jurisdiction to review and reverse the Acting Referee’s decision through the respondent’s petition for relief from judgment, considering the timeliness and cause for such relief.

RULING

The Supreme Court granted the petition, reversed the WCC decision, and reinstated the award. The Court held the petition for relief was filed out of time and without valid cause. Under Sections 1 and 3, Rule 22 of the WCC Rules, such a petition must be filed within 30 days after the petitioner learns of the decision and not more than three months after its entry. Respondent’s counsel received the decision on October 21, 1975, but filed the petition on November 24, 1975, the 34th day, thus exceeding the 30-day period. The alleged “pressure of work” did not constitute the excusable negligence contemplated by the rules.
Moreover, the respondent was not unjustly deprived of a hearing, as the Acting Referee’s decision noted counsel’s failure to appear despite notice. The WCC therefore acted without jurisdiction in entertaining the belated petition and reversing the final award. On the merits, the Court applied the presumption of compensability under the Workmen’s Compensation Act. The illnesses supervened during employment, and the employer failed to present substantial evidence to rebut the presumption that the work contributed to the aggravation of the diseases. The employer’s liability was thus established. The Court directed the Bureau of Public Schools to pay Carino P6,000 as disability compensation, attorney’s fees, and to reimburse medical expenses.