FRANCISCO JUSTINIANO, PETITIONER, VS. THE HON. WORKMEN’S COMPENSATION COMMISSION AND CEBU STEVEDORING CO., INC., RESPONDENTS.

Starting in 1946 Francisco Justiniano was employed by Cebu
Stevedoring Co., Inc., designated as a sailor. The nature of his work called for
such duties as cleaning the barge, watching the barge and its cargoes, scraping
the rust off the barge, throwing the line to the tugboat for the towing of the
barge. At the time relevant to this case, in 1958, he was receiving a daily
compensation of P4.09 and was assigned to work from twelve midnight
to eight
in the morning.

At four in the morning of
June 20,
1958,
while on duty aboard the barge, Francisco Justiniano
felt pain in his head and left breast and uneasiness in the left portion of his
body. A blood clot – the size of a guava fruit – came out of his mouth, and blood from his nostrils. As a result he was helped
ashore and taken home to his residence at Mandawe,
Cebu. Dr. Restituto Soon attended to him and diagnosed his case as an
attack of high blood pressure.^[1]

The patient was taken that same
day to a hospital in Cebu City, and Dr. Deiparine treated him. From June
20, 1958
to October 9,
1958, he
was confined in the Cebu Community Hospital. The medical expenses were
defrayed by the employer Cebu Stevedoring Co., Inc.,
pursuant to a collective bargaining agreement between said company and its
employees.

Francisco Justiniano did not return to work because his illness
resulted in hemiplegia or paralysis of the extremities
of half of the body, in his case, the left side. For this reason he resigned
from the company and thereafter filed a claim for compensation under the
Workmen’s Compensation Act (Act No. 3428, as amended).

After reception of evidence
thereon, the hearing officer rendered on November 29, 1962 a decision awarding
Francisco Justiniano P3,061.76 as compensation for
total disability; P153.08 for attorney’s fees; plus further medical expenses.
Administrative costs of P31.00 was charged on the
company.

Appeal therefrom to the Workmen’s Compensation Commission was taken
by the Cebu Stevedoring Co., Inc. And on
February 7,
1964, the
trial Commissioner therein decided against the claimant, absolving the employer
from liability upon the ground that the claimant’s illness was not proved to
have been caused or aggravated by the employment.

After Francisco Justiniano moved to reconsider this decision, the Workmen’s
Compensation Commission en banc, denied by resolution of April 2,
1964,
said motion. And, hence, he has appealed both WCC decision and resolution en
bane to this Court.

The point to resolve in this
appeal has to do with matters of presumption and the burden of the evidence.
Thus, the issue may be stated: Is total disability due to paralysis caused by an
illness – hypertension in this case – supervening during the period of
employment, compensable, even if there is no evidence to prove that the illness
arose out of said employment or was aggravated by it?

The rule is now settled that by
virtue of Section 44(1) of the Workmen’s Compensation Act, which states:

“SEC.
44. Presumption. – In any proceeding for the enforcement or the
claim for compensation under this Act, it shall be presumed in the absence of
substantial evidence to the contrary –

“1. That the claim comes within
the provisions of this Act;”

once the claimant has established
that the illness, upon which the claim is premised, supervened during the time
of his employment, there is a rebuttable presumption
that the illness arose out of or at least was aggravated by, his
employment.^[2]

The W.C.C. decision appealed
herein ruled that there can be no compensation award in the absence of evidence
proving that the disease was caused or aggravated by the employment.^[3] This is not in consonance with the
presumption above-stated. As this Court through Mr. Justice J. B.L. Reyes said
in the Agustin case, supra: “The laborer is relieved
from the burden of proving causation once the injury is shown to have arisen in
the course of the employment. x x x The disease having arisen in the
course of the employment, it is presumed by law that it arose out of
it.”

There is no dispute here that the
disease arose in the course of the employment. The W.C.C. stated that there was
no evidence of pre-existing hypertension on the part of the employee when he
started working with the respondent company (WCC decision, Annex C to Petition
for Review, p. 2).

And respondent company’s brief
herein admits that petitioner-claimant sustained the hypertensive attack already
mentioned on his “tour of duty” (Respondent-appellee
company’s brief, p. 5).

Applying, therefore, the
presumption of the law, there being no evidence presented to rebut it, the
decision refusing the award should be reversed. Following Section 14 of Act
3428, the amount of compensation as computed by the hearing officer is correct.
The rest of the award – attorney’s fees, further medical expenses and
administrative costs – are likewise in order.

WHEREFORE, the Workmen’s Compensation
Commission’s decision and resolution en banc appealed from are hereby reversed
and another judgment shall be entered awarding petitioner-claimant a
compensation of P3,061.76; plus further medical
attendance and/or expenses under Sec. 13 of Act 3428; attorney’s fees of
P153.08; and, respondent company is further ordered to pay P31.00 to the
Workmen’s Compensation Fund under Sec. 55 of Act 3428. No
costs.

SO
ORDERED.

Concepcion, C.J., Reyes, J. B. L., Barrera,
Dizon, Regala, Makalintal, Zaldivar, Sanchez
and Ruiz Castro, JJ.,
concur.

^[1] The B.P. as taken read 180 over
100 (Tsn., Feb. 19, 1962, p.
20).

^[2]Agustin v.
W.C.C, G.R. No. L-19957,
September 29,
1964; Hernandez v. W.C.C, G.R.
No. L-20207,
May 31,
1965.

^[3] It should be pointed out that
the W.C.C decision and resolution came before the Supreme Court ruling in the
Agustin case, supra.