G.R. No. L-46474. November 14, 1988. CONCORDIA M. DE LEON, petitioner, vs. EMPLOYEES’ COMPENSATION COMMISSION and GOVERNMENT SERVICE INSURANCE SYSTEM (PHILIPPINE GENERAL HOSPITAL), respondents.
FACTS

Caridad M. de Leon was a government nurse who served the Philippine General Hospital from 1952 until her retirement on January 31, 1976. She died three days later on February 3, 1976, at age 45. Her medical history revealed she underwent a mastectomy for ductal carcinoma in 1968 and a bilateral oophorectomy for a recurrence in 1972. Her records indicated she had been in and out of the hospital since December 1974 for cancer metastasis to the lungs, bones, and brain, with her final confinement from January 5 to February 3, 1976. Her mother, petitioner Concordia M. de Leon, filed a claim for death benefits under the Labor Code (P.D. No. 626). The GSIS denied the claim, asserting breast cancer was not an occupational disease and no causal relation to her work duties was proven. The Employees’ Compensation Commission affirmed the denial.

ISSUE

The primary issue is whether the claim is governed by the Labor Code (P.D. No. 626) or the old Workmen’s Compensation Act (Act No. 3428). The secondary issue is whether the illness that caused death is compensable under the applicable law.

RULING

The Supreme Court ruled in favor of the petitioner. On the applicable law, the Court held that although Caridad died and the claim was filed after the Labor Code took effect on January 1, 1975, the governing statute is the Workmen’s Compensation Act. The illness commenced long before the Code’s effectivity, as evidenced by her 1968 mastectomy. Rights that accrued under the old law are vested and survive its repeal. Therefore, the claim must be evaluated under Act No. 3428.
On compensability, the Court applied the presumption of compensability under the Workmen’s Compensation Act. Since the illness (carcinoma) occurred and aggravated during her employment, it was presumed work-related. The burden to rebut this presumption shifted to the employer. The Court found the government failed to discharge this burden. The ECC’s reliance on a medical textbook discussing general epidemiologic factors like singleness or heredity was insufficient to disprove work-connection or aggravation by employment conditions. No substantial evidence showed the illness was not caused or aggravated by her work as a nurse. Consequently, the claim is compensable. The ECC decision was set aside, and the GSIS was ordered to pay the death benefit and medical expenses under Act No. 3428.