ESTRELLA A. VDA. DE SILENCIO, FOR HERSELF AND FOR AND IN BEHALF OF THE MINORS, NAMELY: SUSAN, JOVENCIO, JR., ET AL., ALL SURNAMED SILENCIO, PETITIONER, VS. THE EMPLOYEES COMPENS…

Appeal from the decisions of the Government Service Insurance System and
Employees Compensation Commission denying the claim for death
compensation benefits of herein petitioner on the ground that “the cause
of death of the late Jovencio A. Silencio was attributed to
cardio-respiratory arrest due to lymphosarcoma with multiple metastasis
which was not shown to be work-oriented and, therefore, not compensable
under P.D. No. 626, as amended.”

Jovencio A. Silencio was an enlisted man of the Armed Forces of the
Philippines (Philippine Army) starting as a private in February 1950 at
the age of 24. He was a master sergeant at the time of his death on May
27, 1980, after several promotions in the course of his continued
service. In 1950, he married Estrella Silencio with whom he had six (6)
children, namely: Jovencio, Jr., Susan, Rolando, Romel, Nora and
Maritess, all surnamed Silencio.

When he was in the service, Sgt. Silencio was assigned as driver of his
military unit from June 1977 to August 1979, aside from his regular
duties as a soldier. Later, he felt bodily pains and was confined at the
AFP Medical Center where he was treated of an “on and off productive
cough with hemoptysis”, and a mass of flesh was also noted over his
“left scapular area”. Further examination shows that he was suffering
from pulmonary tuberculosis and he was given anti-TB therapy. Later,
because of his frequent coughing and complaints of pain on his left
upper extremity, it was found that Silencio was afflicted with an
ailment called “lymphosarcoma” with multiple metastasis. Despite
medication and proper medical care, the condition of Silencio turned for
the worst and, on May 27, 1980, he died.

His death was attributed to cardio-respiratory arrest due to lymphosardoma with multiple metastasis.

His widow, herein petitioner Estrella A. Vda. de Silencio filed a claim
for death compensation benefits under PD No. 626, as amended, with
respondent Government Service Insurance System (GSIS). Respondent GSIS
denied the claim on the ground that “lymphosarcoma” is not an
occupational disease and the decedent’s risk of con­tracting the illness
was not increased by his working condition as a soldier. Likewise,
respondent GSIS denied petitioner’s motion for reconsideration.

Appeal to respondent Employees Compensation Commission was dismissed and the decision of the GSIS was affirmed.

The issue in this case is whether or not the death of Jovencio A.
Silencio due to lymphosarcoma with mul­tiple metastasis is compensable
under PD No. 626, as amended.

We find no merit in the petition. The late Jovencio A. Silencio died of
“cardio-respiratory arrest due to lymphosarcoma with multiple
metastasis”, not of pulmonary tuberculosis. While it is true that
earlier he was treated at the military hospital of pulmonary
tuberculosis he recovered from said ailment after he had been given
anti-TB therapy. In his death certificate and/or in his medical records
it was not shown that pulmonary tuber­culosis has something to do with
or contributed to his death.

Under paragraph 1 of PD No. 626, as amended, a compensable sickness or disease is defined, as follows:

“(1) ‘Sickness’ means any illness definitely accepted as an occupational disease listed by the Commission, or
any illness caused by employment, subject to proof that the risk of
contracting the same is increased by the working conditions” (Italics ours for emphasis).

And, Section 1 (b), Rule III of the Rules of Employees Compensation Commission, provides:

“Sec. 1 (b). For the sickness and the resulting disability or
death to be compensable, the sick­ness must be the result of an
occupational disease listed under Annex ‘A’ of these Rules with the
conditions set therein satisfied; otherwise, the employee must prove that the risk of contracting the disease is increased by the working conditions” (Emphasis through Italics ours).

It is clear that the illnesses or the diseases which are not listed as
compensable diseases by the Employees Compensation Commission, are,
nevertheless, recoverable provided that the employee submits proof that
the risk of contracting the same is increased by his working conditions.
In the case at bar, petitioner failed to present evidence to sustain
her claim that decedent’s working conditions resulted, directly or
indirectly, in getting the ailment which finally led to his death.

Thus, respondents are justified in rejecting the claim of petitioner
because lymphosarcoma with multiple metastasis is not an occupational
disease since it does not usually and directly result from the
occupation or profession of a soldier. In short, it is not
service-connected; the risk of contracting said disease was not
increased by the working conditions concomitant with the decedent’s’
employment.

ACCORDINGLY, the petition is DISMISSED and the decisions of the
Government Service Insurance System and the Employees Compensation
Commission denying the claim are affirmed. No costs.
SO ORDERED.

Teehankee, (Chairman), Melencio-Herrera, Plana, Gutierrez, Jr., and De La Fuente, JJ., concur.