POTENCIANA VILLODRES, PETITIONER, VS. WORKMEN’S COMPENSATION COMMISSION AND REPUBLIC OF THE PHILIPPINES (BUREAU OF PUBLIC SCHOOLS), RESPONDENTS.

This is a petition to review the decision of the Workmen’s
Compensation Commission in WCU Case No. 208 (Antique) entitled “Potenciana Villodres, Claimant,
versus, Republic of the Philippines (Bureau of Public Schools),
Respondent” setting aside the award granted by the Acting Referee of
Regional Office No. 7, Iloilo City, and dismissing the case for lack of cause
of action.^[1]

On March 25, 1975,
Angel F. Villodres, Sr. filed a claim for disability
benefits with the Labor Provincial Office of Antique.  When he died on August 29, 1975, his widow, Potenciana
Villodres, petitioner herein, filed on September 30, 1975, a notice and
claim for compensation and reimbursement of burial expenses for the death of
her husband.  The respondent, Republic of
the Philippines
(Bureau of Public Schools), did not controvert the claim.^[2]

After hearing, the Acting Referee of Regional Office No. 7 at Iloilo
City awarded to the claimant the
sum of P4,880.00 as death compensation
and reimbursement of burial expenses.^[3]

The respondent, Republic of the Philippines
(Bureau of Public Schools), filed a motion for reconsideration.  The motion was denied by the Acting Referee
and the records of the case were elevated to the Workmen’s Compensation
Commission for review.

The Workmen’s Compensation Commission reversed the decision of
the Acting Referee on the ground that the late Angel F. Villodres,
Sr. was disabled for work on October 2, 1972 and he died on August 29, 1975 or
almost three (3) years after he was incapacitated for work and the settled rule
is that when the death occurs beyond two (2) years from the date of disability,
the claim for compensation will no longer prosper for lack of cause of action.^[4]

The records of this case disclose that the late Angel F. Villodres, Sr. was employed as a classroom teacher by the
respondent, Bureau of Public Schools, since July 10, 1948 until his retirement
on August 31, 1974 at the age of 64; that prior to his retirement, he
contracted an illness which was diagnosed by his attending physicians as
“Hypertension, essential secondary to nephritis; Rheumatoid
arthritis” as a result of which he temporarily stopped working on October
2, 1972; and that he was treated for his ailment and was hospitalized on
various dates at the Iloilo Medical Center, Tobias Fornier
Memorial Hospital and at the Antique Provincial Hospital where he died of the
same illness on August 29, 1975.^[5]

It is a fact that the illness as a result of which Angel F. Villodres, Sr. died on August 29, 1975 supervened during his employment with the
Bureau of Public Schools.  Hence, there
is a disputable presumption that the claim is compensable.^[6]
The claimant is relieved of the duty to prove causation as it is then legally
presumed that the illness arose out of the employment.  To the employer is shifted the burden of
proof to establish that the illness is non-compensable.^[7]

The claimant did not rely
on this disputable presumption alone. 
She presented evidence to support that the illness of her husband, Angel
F. Villodres, Sr., was the result of the nature of
his employment as a teacher of the Bureau of Public Schools.^[8]

Moreover, the respondent, Republic of the Philippines
(Bureau of Public Schools), did not controvert the claim.  In view thereof, said respondent is deemed to
have renounced all non-jurisdictional defenses.^[9]

The contention of the Workmen’s Compensation Commission that the
claim is not compensable because Angel F. Villodres,
Sr. died three (3) years after October
2, 1972 when he was disabled, has no merit.  After submitting to medical treatment, Angel
F. Villodres, Sr. was able to return to work after October 2, 1972 although he took sick
leaves of absence.  He actually retired
as a result of his illness only on August
31, 1974 at the age of 64. 
Angel F. Villodres, Sr. died on August 29, 1975.

The Workmen’s Compensation Commission erred in computing the
two-year period from October 2, 1972
and not from August 31, 1974
when the late Angel F. Villodres, Sr. had to retire
because he could no longer perform his duties as a public school teacher by
reason of his illness.  Angel F. Villodres was not disabled from work on October 2, 1972.  He was able to work after said date.  It was only on August 31, 1974 that he was disabled from his work.  He had to retire on said date.

In addition to the compensation benefits, the petitioner is
entitled to reimbursement of medical expenses of Angel F. Villodres,
Sr., if supported by proper receipts. 
Petitioner should also be awarded attorney’s fees.

WHEREFORE, the decision sought to be reviewed is hereby
set aside and the respondent, Republic of the Philippines
(Bureau of Public Schools), is ordered:

1)   To pay the claimant the sum of Four Thousand
Eight Hundred Eighty Pesos (P4,880.00) as death compensation and reimbursement
of burial expenses;

2)   To reimburse the petitioner of medical
expenses incurred by Angel F. Villodres, Sr., if
supported by proper receipts;

3)   To pay the petitioner attorney’s fees in the
amount of Four Hundred Eighty-Eight Pesos (P488.00); and

4)   To pay the successor of the Workmen’s Compensation Commission
the amount of Sixty-One Pesos (P61.00) as administrative fee.

SO ORDERED.

Teehankee, (Chairman), Makasiar, Guerrero, De Castro, and Melencio-Herrera, JJ., concur.

^[1]
Decision, Rollo, pp. 14-15.

^[2]
Memorandum for Petitioner, Rollo, p. 40.

^[3]
Decision, Rollo,
p. 14.

^[4]
Idem., p. 15.

^[5]
Rollo, pp. 14-15.

^[6]
Section 44, Workmen’s Compensation Act,
as amended; Justiniano vs. Workmen’s
Compensation Commission, 18 SCRA 677.

^[7]
Balanga vs. Workmen’s Compensation Commission, 83 SCRA 721.

^[8]
Rollo, p. 31.

^[9]
Loming Dinaro vs.
Workmen’s Compensation Commission, et al., 70 SCRA 292.