DOMNA VILLAVERT, PETITIONER, EMPLOYEES’ COMPENSATION COMMISSION & GOVERNMENT SERVICE INSURANCE SYSTEM (PHILIPPINE CONSTABULARY), RESPONDENTS.

This is a petition to review the decision of the Employees’
Compensation Commission in ECC Case No. 0692, entitled “Domna N. Villavert, appellant
versus Govern­ment Service Insurance System (Philippine Constabulary),
respondents,” affirming the decision of the Government Service Insurance
System denying the claim for death benefits.^[1]

The petitioner, Domna N. Villavert, is the mother of the late, Marcelino
N. Villavert who died of acute hemorrhagic pancreatitis on December 12, 1975 employed as a Code
Verifier in the Philippine Constabulary. 
She filed a claim for income benefits for the death of her son under
P.D. No. 626 as amended with the Government Service Insurance System on March 18, 1976.  The said claim was denied by the Government
Service Insurance System on the ground that acute hemorrhagic pancreatitis is not an occupational disease and that the
petitioner had failed to show that there was a causal connection between the
fatal ailment of Marcelino N. Villavert
and the nature of his employment.

The petitioner appealed to the Employees’ Compensation Commission
which affirmed on May 31, 1978
the deci­sion of the respondent, Government Service Insurance System, denying
the claim.

The record shows that in addition to his duties as Code Verifier,
Marcelino N. Villavert also
performed the duties of a computer operator and clerk typist.  In the morning of December 11, 1975, Marcelino
reported as usual to the Constabulary
Computer Center
at Camp Crame, Quezon City.  He performed his duties not only as code
verifier but also handled administrative functions, computer operation and
typing jobs due to shortage of civilian personnel.  Although he was complaining of chest pain and
headache late in the afternoon of December 11, 1975, after a whole day of
strenuous activities, Marcelino was still required to
render overtime service until late in the evening of the same day, typing
voluminous classified communications, computing allowances and preparing checks
for the salary of Philippine Constabu­lary and Integrated National Police
personnel throughout the country for distribution on or before December 15,
1975.  He went home late at night and due
to fatigue, he went to bed as soon as he arrived without taking his meal.  Shortly thereafter, Marcelino
was noticed by his mother, the herein petitioner, gasping for breath,
perspiring profusely, and mumbling incoherent words.  The petitioner tried to wake him up and after
all efforts to bring him to his senses proved futile, she rushed Marcelino to the UE Ramon Magsaysay
Memorial Hospital where he was pronounced dead at 5:30 o’clock in the morning of December 12, 1975 without regaining
consciousness.  The cause of death was
acute hemorrhagic pancreatitis.

To support the claim that Marcelino N. Villavert died of acute hemorrhagic pancreatitis
as a result of his duties as a code verifier, computer operator and typist of
the Philippine Constabulary, the petitioner submitted the following
certification of Lt. Colonel Felino C. Pacheco Jr.,
commanding officer, of the Phi­lippine Constabulary, which reads:

“THIS IS TO CERTIFY that MARCELINO N. VILLAVERT, a regular
employee of the Cons­tabulary Computer Center, had been perform­ing the
following duty assignments in this office in addition to his appointment as
Coder Verifier before his death:

“a.  Computer Operator – As computer operator he
was subjected to excessive heat and cold;

“b.  Clerk Typist – As typist he was responsible
for typing important communica­tions not only for the office of the Cons­tabulary
Computer Center but also for other posts, including engagement speeches of the
Chief of Constabulary and other ranking officers of the Command;

“c.  Due to the shortage of qualified civilian
personnel to handle the task, he was given excessive work responsibilities in
the office which could have aggravated his ailment.

“d.  That more often he took his meals irregularly
late in view of the nature of his work especially during the preparation of
checks for the salary of the Philippine Constabulary and the National
Integrated Police personnel throughout the country.

“e.  He used to perform rotation duties, thereby
leaving him insufficient time to consult the Constabulary Medical Dispensary
for routine physical check up about his health.

“f.   That subject employee never drinks alcoholic
liquor, neither smokes nor engages on immoral habits during his lifetime.

“g.  That he died in line of duty after retiring
from his night shift.

“This certification is being issued in behalf of legal heirs
in order to justify their claim for payment of benefits from the Employees’
Compensation to reciprocate the services rendered by the late Marcelino N. Villavert, a loyal
and dedicated public ser­vant.”^[2]

The foregoing certification of Lt. Col Felino
C. Pacheco Jr. was corroborated by the affidavit of Rusti­co
P. Valenzuela, Chief Clerk of the Constabulary
Com­puter Center,
which reads:

“I, RUSTICO P VALENZUELA, Master Sar­geant,
Philippine Constabulary, Filipino of legal age, married and presently Chief Clerk
of the Constabulary Computer Center, Camp Crame, Quezon City after having been duly sworn to in accordance
to law hereby depose and say:

“a.  That as Chief Clerk I am respon­sible to my
Commanding Officer about the accounting, detail, duties etc. of all military
and civilian personnel in the office and therefore the duties of the late Marcelino N. Villavert are
personally known to me prior to his death;

“b.  That the late Marcelino
N. Villa­vert although was appointed as Code Verifier
still he was instructed to perform extra additional workload due to shortage of
qualified civilian personnel to handle administrative function, he being a
graduate of the Computer Operator and an expert typist which is seldom found
among the qualities of civilian personnel assigned in the Constabulary Computer
Center;

“c.  That the late Marcelino
N. Villavert was complaining of chest pain and
headache prior to his death but because of an urgent call to the service,
although it necessitated his rest; he was obliged to go on strenuous duty on
the night of Decem­ber 11, 1975, typing voluminous classified communications,
compute allowances and prepare checks for the salary of Philippine Constabulary
and Integrated National Police personnel throughout the country for distri­bution
on or before December 15, 1975, scheduled payday, thereby aggravating his
ailment due to excessive work, disposed to heat and cold, operating computer
machine and over fatigue that caused his sudden death;

“d.  That the late Marcelino
N. Villa­vert before his death have insufficient time
to consult the Medical Dispensary for routine physical check-up due to the
rotation of his duties and therefore no record of his physi­cal examination
could be found in this Head­quarters;

“e.  That the death of late Marcelino
N. Villavert was service connected in view of the
fact that he died while in the perfor­mance of his official duties.

“Affiant further sayeth
none.

“IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day
of August 1977 at Quezon City.

“(SGD)
RUSTICO P VALENZUELA

Affiant

“SUBSCRIBED AND SWORN to before me this 22nd day of August
1977 at Quezon City, Metro Manila.  Affiant exhibited his Residence Certi­ficate
No. A 1183510 issued at Taguig, Metro Manila on
January 10, 1977.

“(SGD)
ENRIQUE C VILLANUEVA JR

1LT                             PC

Administrative
Officer”^[3]

The Government Service Insurance System and the Employees’ Compensation
Commission denied the claim for compensation on the ground that the petitioner
did not present evidence that the illness of Marcelino
N. Villavert, acute hemorrhagic pancreatitis,
was caused or aggravated by the nature of his duties as employee of the
Philippine Constabulary.

Employees’ Compensation Commission, citing a book on medicine,
said:

“In medical science, acute hemorrhagic pancreatitis
is ‘acute inflammation with hemorrhagic necrosis of the pancreas.’ It occurs
most commonly in association with alcoholism. 
The onset of the symptoms often occurs during or shortly after bouts of
alcoholic intoxication.  It also occurs
in association with biliary tract disease.  Occasionally, it occurs as a complication of
peptic ulcer, mumps, viral hepatitis or fol­lowing the use of drugs such as glucocorti­coids, or chlorothiazide.  It is sometimes associated with metabolic
disorders such as hyperpidemia and
hyperparathyroidism.  It may also be
associated with a genetic type of pancreatitis with
onset in childhood.  Trauma is a
relatively frequent cause of pancreatitis; it may
result from a severe blow to the abdomen, a penetrating injury from a bullet or
knife wound, inadvertent trauma from surgical procedures in file upper abdomen
or rarely, electric shock.  Approximately
20% of the patients have no apparent underlying or predisposing cause.  (Principles of Internal Medicine by Harrison,
7th Edition, pp. 1571)”^[4]

However, the Medico Legal Officer of the National Bureau of
Investigation stated that the exact cause of acute hemorrhagic pancreatitis is still unknown despite extensive researches
in this field, although most research data are agreed that physical and mental
stresses are strong causal factors in the development of the disease.^[5]

From the foregoing facts of record, it is clear that Marcelino N. Villavert died of
acute hemorrhagic pancreatitis which was directly
caused or at least aggravated by the duties he performed .as code verifier,
computer operator and clerk typist of the Philippine Constabulary.  There is no evidence at all that Marce­lino N. Villavert had a
“bout of alcoholic intoxication” shortly before he died.  Neither is there a showing that he used
drugs.

It should be noted that Article 4 of the Labor Code of the
Philippines, as amended; provides that “All doubts in the implementation
and interpretation of this Code, including its implementing rules and
regulations shall be resolved in favor of labor.”

WHEREFORE, the decision of the Employees’ Compen­sation
Commission sought to be reviewed is set aside and judgment is hereby rendered
ordering the Government Service Insurance System to pay the petitioner death
benefits in the amount of SIX THOUSAND PESOS (P6,000.00).

SO ORDERED.

Teehankee, (Chairman), Makasiar, Guerrero, and
Plana, JJ., concur.

Melencio-Herrera, J., see attached dissent.

^[1] Rollo, pp. 17-21.

^[2] Rollo, p. 23.

^[3] Rollo, p. 24.

^[4] Rollo, pp. 31-32.

^[5] Rollo, p. 25.

6 pt
6 pt
0
3