DELFIN REALICA, PETITIONER, VS. REGINO ANDAMO AND COMMISSIONERS, WORKMEN’S COMPENSATION COMMISSION, RESPONDENTS.

This is a petition for certiorari to review the decision of the
Workmen’s Compensation Commission, affirming the decision of Referee
Marcos Plomantes and ordering Delfin Realica, owner of the Binakayan
Bakery, to pay to Regino Andamo certain sums in the way of compensation
under the provisions of the Workmen’s Compensation Act, as amended.

After carefully studying the case, we feel that the decision
appealed from has failed to consider certain facts and circumstances
which are pertinent and material to the case, and that certain evidence
which could not be presented during the hearing for the reason that they
were then not available, but which evidence petitioner herein wanted to
make part of the record of the case by introducing them at a rehearing
or new trial sought by him, which might affect the result or
determination of this case, should be received.

For the guidance of the Workmen’s Compensation Commission and
to facilitate and help it in its determination of this case, it may be
stated that the incident in the Binakayan Bakery way back in 1947 when
as sack of flour supposedly fell on Andamo’s shoulder, may be eliminated
and disregarded for the reason that it apparently caused no ill effects
on him, for the reason that thereafter, he was able to continue his
work in said bakery, transfer to the San Andres Bakery in Manila, in
1948, transfer to the Imus Bakery in Cavite in 1949 where he worked
until the year 1953, when he returned to the Binakayan Bakery where he
worked up to the Binakayan Bakery where he worked up to January 1, 1955.

In our opinion, the important things to consider are Andamo’s
claim that on January 1, 1955, while working in the Binakayan Bakery
owned by petitioner Delfin Realica, he spat blood. According to his own
testimony, however, he did not notify the owner of the said incident,
but contented himself with informing his companions thereof.

Anothe important point is the nature and cause of his
separation from the Binakayan Bakery the following day, January 2, 1955.
Andamo’s theory is that he was dismissed by Realica because of his
having spat blood. There is evidence, however, that her and some fellow
workers in the bakery voluntarily left their work because they refused
to comply with Realica’s order for them to sign the payroll and the time
records and also because Realica supposedly occasionally scolded them
when they were found engaging in horseplay during working hours and
sometimes for over-baking the bread.

The Commission also apparently overlooked and so failed to
consider that fact that after leaving the services of Realica, Andamo
and his companions filed with the Wage Administration Service their
claim for separation pay and for overtime work, and that their claim
was dismissed by the Wage Administration Service through its
investigator, Hector C. Regino, who after the hearing held by him, found
that Andamo and his companions were not dismissed from the Binakayan
Bakery but that they left it voluntarily; also, that Realica, owner of
the Binakayan Bakery expressed his willingness to admit them in his
employ at any time if they still wanted to continue working for him.

Another important point is the alleged illness of Andamo on the
basis of which he filed his claim for compensation. Dr. Gorospe, the
very physician in the employ of the Workmen’s Compensation Commission,
found that Andamo was not suffering from tuberculosis, but only from
bronchiectasis. The Commission held that this illness was either
acquired by Andamo in the course of his employment with the Binakayan
Bakery or that his work there aggravated the said illness. It would
appear, however, that Dr. Gorospe, testifying as a physician of the
Workmen’s Compensation Commission, said that his illness was not caused,
neither was it aggravated, by the nature of his employment and that a
person suffering from this illness can still continue with his ordinary
work. And it is a fact that after leaving the service of the Binakayan
Bakery, Andamo was employed by the Esperanza Bakery, owned by Leonardo
Ilano, where he had been working from 1955 to 1958, earning a salary of
P5.00 a day (Certificate by Ilano, dated July 31, 1958). If this is
true, then Andamo could not be or have been suffering from any
disability for which compensation may be made.

For the foregoing reasons, this case is remanded to the
Workmen’s Compensation Commission for a rehearing and reception of
further evidence from both parties, after which the Commission will
render decision on the basis of all the evidence, that already in the
record as well as evidence which the parties may present at the
rehearing.

Petition for certiorari is hereby granted, and the decisions of
the Workmen’s Compensation Commission and of the Referee are set aside.

Paras, C.J., Bengzon, Padilla, Bautista Angelo, Labrador,
Endencia, and Gutierrez David, JJ., concur.
Concepcion, Reyes, J.B.L., and Barrera, JJ.,
reserved their votes.