G.R. No. L-41780. November 16, 1979
GLORIA VDA. DE ZAPATA, FOR HERSELF AND AS NATURAL GUARDIAN OF THE MINORS CAROLINA, WILFREDO, TERESITA, BETTY AND MARISSA, ALL SURNAMED ZAPATA AND JESUS ZAPATA, PETITIONERS, VS.…
FERNANDEZ, J.:
This is a petition to review the decision of the Workmen’s
Compensation Commission dated March 30, 1971 which reversed the decision of the
Acting Chief Referee of Regional Office No. 4, Manila, and absolved the San
Miguel Corporation from liability under the Workmen’s Compensation Act.[1]
On September 11, 1967, Gloria Vda. de Zapata, for herself and in
behalf of her five minor children, namely, Carolina, Wilfredo, Teresita, Betty
and Marissa, all surnamed Zapata and Jesus Zapata in his own behalf, filed
with the Regional Office No. 4, Manila, a claim for death benefits as heirs of
Fernando Zapata. Gloria Vda. de Zapata
is the widow and the other petitioners are the children of Fernando Zapata who
was employed as a laborer of the respondent, San Miguel Corporation, since 1948
and who died on January 24, 1966 of a disease allegedly caused and/or
aggravated by the nature of his employment.
On November 2, 1967, the San Miguel Corporation filed an answer
controverting the claim for death benefits. Thereafter, the case was heard by Regional Office No. 4 at Manila where
the parties adduced their respective evidence. The Referee rendered a decision awarding compensation benefits to the
claimants, the dispositive part of which reads:
“WHEREFORE, judgment is
hereby rendered against respondent San Miguel Corporation and in favor of
claimants Gloria Vda. de Zapata and her minor children already named above,
ordering the former to pay the latter the sum, of SIX THOUSAND (P6,000.00) as
death benefit, plus the amount of TWO HUNDRED PESOS (P200.00) as burial
expenses or the total of SIX THOUSAND TWO HUNDRED PESOS (P6,200.00), pay
counsel for claimants the sum of P300.00 as attorney’s fees, and pay this
Office for the Workmen’s Compensation Fund the sum of P61.00 as fee pursuant to Section 55 of the Act. The check may be drawn in the name of the
widow-claimant, Gloria Vda. de Zapata.
SO ORDERED.
Manila, Philippines, December 27, 1968.
(SGD)
ATANACIO A. MARDO
Chief Hearing
Officer
Acting Chief
Referee”[2]
The respondent, San
Miguel Corporation, filed a motion for reconsideration and the case was
elevated on appeal to the Workmen’s Compensation Commission.
Finding that the illness of the
deceased Fernando Zapata was neither caused nor aggravated by his work,
the Workmen’s Compensation
Commission reversed the decision of the Referee and absolved the respondent,
San Miguel Corporation, from liability.[3]
The facts, as found by the Workmen’s Compensation Commission,
are:
“A perusal of the records of the case discloses that the late
Fernando Zapata started working for the respondent company sometime in 1948, as a laborer. His duties were sweeping and cleaning the
place of his work, picking up cases of San Miguel beer from conveyors, carrying and piling them. His work
schedule was from 8:00 a.m. to
12:00 p.m. Sometimes he was assigned in
the night shift which starts from 4:00 p.m. to 12:00 midnight. In 1965 he was promoted as assistant foreman. As such, the nature of his duties were to
supervise the laborers under him and to replace broken bottles with new
bottles. Sometimes he also substituted
as forklift operator. He continued
working as such until January 3, 1966 when he complained of abdominal
pain. The pain was accompanied by
persistent fever which came on and off, chills and yellowish discoloration of
the acelera. His wife brought him to
Martinez Memorial Hospital where he was operated on January 23, 1966 and the
following day he died due to ‘hepatoma with Superimposed amoebic abscess.’ His
previous records in said hospital disclose that he was confined in the same
hospital thrice for the following illnesses: February 12, 1963 – for complaint of a mass over the right inguinal
region and he was operated on for inguinal hernia on February 13, 1963; on May
8, 1963 – a ureteral stone over left ureter was removed, and on November 21,
1963 – he had urinary tract infection.”[4]
It is a fact that Fernando Zapata died due to “hepatoma with
Superimposed amoebic abscess” while he was in the employ of San Miguel
Corporation as an assistant foreman. The said illness having supervened during his employment, there is a
disputable presumption that the claim is compensable.[5] The
claimant is relieved of the duty to prove
causation as it is legally presumed that the illness arose out of the
employment. The burden of proof is
shifted to the employer to show that the ailment is not compensable.[6]
The private respondent, San Miguel Corporation, has failed to adduce evidence
to prove that the ailment of Fernando Zapata was neither caused nor aggravated
by his employment as assistant foreman.
The record shows that the last hospitalization and operation
expenses of the deceased Fernando Zapata at the Martinez Memorial Hospital on
January 23, 1963 were defrayed by the employer, San Miguel Corporation. This fact is, in effect, an admission of the
merit of the claim.
The Hearing Officer of Regional Office No. 4, Manila, based the award for death benefit and
burial expenses on the following computation:
“Under Sections 6(b), 9, 10 and 12 of the Workmen’s Compensation Act, as amended, claimants who are
the widow and five minor children are entitled to 60% of the average weekly
wage of the deceased for a period of 208 weeks in an amount not exceeding
P6,000.00 and the computation should in no case be reckoned at more than P50.00
a week. In the case at bar, the
deceased was receiving, per admission in the Employer’s Report and in the
answer filed by the respondent, the sum of P10.25 a day, working six days a
week or more than P50.00 a week. Sixty
per centum of P50.00 equals P30.00 and by multiplying this by 208 weeks and
result will be P6,240.00 which should be reduced to P6,000.00 as the full
amount of compensation claimant should receive. Aside from this, under Section 8 the widow should receive the sum
of P200.00 as burial expenses.”[7]
The
foregoing computation is correct. The
petitioners are also entitled to attorney’s fees in the amount of P600.00
WHEREFORE, the decision of the Workmen’s Compensation
Commission sought to be reviewed is hereby set aside and the respondent, San
Miguel Corporation, is ordered:
1) To pay the petitioners the amount of Six
Thousand Pesos (P6,000.00) as death benefit plus the amount of Two Hundred
Pesos (P200.00) as burial expenses or a total of Six Thousand Two Hundred Pesos
(P6,200.00);
2) To pay the petitioners
the sum of Six Hundred Pesos (P600.00) as attorney’s fees; and
3) To pay the successor of
the Workmen’s Compensation Commission the amount of Sixty-one Pesos (P61.00) as
administrative fees.
SO ORDERED.
Makasiar, Guerrero, De Castro,
and Melencio-Herrera, JJ., concur.
Teehankee, J., (Chairman), in
the result.
[1]
Rollo, pp. 51-54.
[2]
Rollo, pp. 37-38.
[3]
Rollo, pp. 51-54.
[4]
Rollo, pp. 52-53.
[5]
Section 44, Workmen’s Compensation Act; Justiniano vs. Workmen’s
Compensation Commission, 18 SCRA 677.
[6]
Balanga vs. Workmen’s Compensation Commission et al., 83 SCRA 721.
[7]
Rollo, p. 37.