CARMELITA REYES, PETITIONER, VS. EMPLOYEES COMPENSATION COMMISSION AND GOVERNMENT SERVICE INSURANCE SYSTEM, RESPONDENTS.

This petition for review on certiorari seeks the reversal
of the decision of public respondent Government Service Insurance System (GSIS)
which was affirmed by the Employees Compensation Commission (ECC) on January
17, 1990, denying death compensation benefits to herein claimant-petitioner.

The antecedent facts are as follows:

Petitioner’s late husband, Ernesto Reyes was a public school
teacher since 1967. He first taught in
the towns of Taal and Tanawan, Batangas. In 1973, he was transferred to Pinamalayan, Mindoro and to Calapan
Mindoro in 1974 where he taught until 1987 (Annex “A,” Petition).

On May 11, 1987, Ernesto was hospitalized at San Antonio General
Hospital in Lipa, Batangas. He was
discharged on May 19, 1987. On May 25,
1987, he died. His death certificate
showed that he died of “aplastic anemia, complications, genito-urinary
tract infection, acute renal failure, acute pulmonary insufficiency.”

Petitioner filed a claim for death benefit under PD 626, as
amended, with the GSIS but the same was denied on July 28, 1987 on the ground that
the cause of his death was not considered an occupational disease nor was there
any showing that his position as teacher had increased the risk of contracting
such ailment (p. 24, Rollo). The
GSIS stood pat on its decision and denied the reconsideration sought by
petitioner.

The petitioner appealed to the Employees Compensation
Commission. From the records submitted
by her, it was revealed that Ernesto Reyes was confined at the Oriental Mindoro
General Hospital on March 19, 1987 for dry cough, easy fatigability and
headache. It was also revealed from a
chest x-ray film taken on March 6, 1987 that the late Ernesto Reyes had
pulmonary tuberculosis. Hence, the ECC
ordered the remanding of the appeal to the GSIS with a favorable
recommendation, thus:

“x x x

“We hereby recommend that this new evidence (Chest x-ray film)
in support of appellant’s claim be remanded to the system together with the
records for appropriate study and interpretation by their radiologist. If the radiologist findings is positive for
pulmonary tuberculosis, the case is considered compensable as we believe the
ailment, which is compensable under P.D. 626, as amended, is a contributory
factor, if not the main factor of the
pulmonary insufficiency, which is listed as one of the causes of his
death. As per Cecil and Loeb’s Textbook
of Medicine, pulmonary tuberculosis among other conditions, may cause pulmonary
insufficiency.

“x x x.” (pp. 28-29, Rollo).

Upon re-evaluation of the new evidence (Chest x-ray film), the
GSIS found that the deceased suffered “minimal PTB, right lower
lobe,” and considered the illness compensable but only for permanent
partial disability for nine (9) months starting from March 6, 1987, the date
the chest x-ray was taken (p. 9, Rollo).

Petitioner sought reconsideration of the decision awarding her
permanent partial disability only, relying on the Order of the Commission
recommending the granting of death benefits if the chest x-ray film would show
that the deceased was positive for pulmonary tuberculosis. No reconsideration was granted. The petitioner again appealed the denial of
the reconsideration to the Employees Compensation Commission and the case was
docketed as ECC Case No. 4855.

In a decision dated January 17, 1990, the ECC affirmed the
decision of the GSIS. It held therein
that:

“Medical research show that aplastic anemia is a normochomic
normocytic anemia, usually with associated leukpenia and thrombopenia,
resistant to treatment and almost always fatal. Certain chemical and physical agents cause refractory anemia by
toxic depression of blood formation. The chief toxic agents are benzal, gold, arsenic, dinitropenol,
trinitrotohnol, radium and x-rays.

“The causative factors in the development of aplastic anemia
is the exposure to chemical and physical agents as stated in the medical
findings. Since the deceased was
working in an environment where exposure to chemical and physical agents are
almost nil, we consider the said ailment as non-work-connected, and not
compensable.” (pp. 34-35, Rollo).

In this petition, the only issue presented for the resolution by
this Court is whether or not public respondents committed grave abuse of
discretion in holding that the cause of death of petitioner’s husband is not
work connected and therefore not compensable under PD 626, as amended.

Petitioner, through counsel, argued that respondents confined the
teaching profession simply to the discharge of the teacher’s duty within the
four walls of the classroom. They
allegedly failed to consider that the duties of a teacher do not start nor end
within the school premises. The going
to and coming from the place of work must still be considered as working time
as this Court did in Alano v. ECC, 158 SCRA 669. Petitioner seeks to prove in this petition that the deceased’s illness
was work-connected because as a teacher.

“x x x (her) husband was teaching in one of the remote barrios
of Pinamalayan, Mindoro. He stayed in
said place during weekdays and went home only during week(ends). On the next school year, he was transferred
to Calapan, Mindoro. He was assigned in
Bo. Parang and later at Bo. Palhi, both situated in the hinterlands of Calapan,
Mindoro. The deceased had to walk about
2 to 3 kms. everyday from the highway in going to these places exposing himself
to the heat of the sun, rain, flood and other climatic changes.

“Likewise, in going to these barrios, the deceased had to pass
(through) ricefields and vast plantations of native citrus fruits locally known
as ‘dalandan’ or ‘sintores.’ It is of common knowledge in ricefields or in big
plantations, the palay or the fruits are being sprayed with certain
chemicals. Thus, the deceased must have
inhaled or exposed (himself) to these chemicals which are health hazard(s).

“Records further show that the deceased was assigned as an
industrial art teacher. Being as such,
his activities involved teaching gardening, woodcraft or furniture making and
other carpentry jobs. Thus, he came in
contact with paints, varnish, thinner or rugby and pesticides in discharging
this activities.

“x x x.” (pp. 7-8, Petition)

The allegation regarding the work conditions of the deceased,
specifically the polluted environment in going to and coming from work, was
supported by a sworn statement of the deceased’s co-teacher in Mindoro, dated
May 23, 1990 (p. 20, Rollo).

Public respondents, on the other hand resisted the claim of
petitioner on the ground that the cause of death of the deceased is not an
occupational disease listed in Annex “A” of the rules implementing
P.D. 626, as amended. And, contrary to
petitioner’s claim, aplastic anemia, the cause of the deceased’s death was not
work-connected. The alleged exposure of
the deceased to chemicals from pesticides sprayed on ricefields and fruits
where he used to pass in going to and from work is not sufficient to cause
aplastic anemia. Moreover, there is no
showing that the farmers in the fields where pesticides were sprayed contracted
aplastic anemia. Likewise, the alleged
exposure of the deceased to chemicals as Industrial Arts Teacher is insignificant
to acquire aplastic anemia as there is no showing that any of his pupils died
of aplastic anemia. In sum, the
petitioner failed to prove that her husband’s working condition as a public
school teacher increased the risk of contracting aplastic anemia.

It is true that aplastic anemia is not an occupational disease
for public school teachers as listed under Annex “A” of the amended
rules implementing PD 626. The list
states that aplastic anemia is contracted when an employee is exposed to x?rays,
ionizing particles of radium or other radioactive substances or other forms of
radiant energy. Thus,

(Annex “A,” Amended Rules on
Employees’ Compensation)

This fact however, does not totally
preclude the petitioner from claiming death benefits for the death of her
husband. If the cause of death is not
listed as an occupational disease, recovery or compensation may still be had
upon satisfactory proof that the risk of contracting the disease was increased
by his working condition (Narazo v. ECC, G.R. 80157, February 6, 1990, 181 SCRA
874, Magistrado v. ECC, et al., G.R. No. 62641, June 30, 1989, 174 SCRA 605).

It should be emphasized at the outset that the evidence submitted
by petitioner which consisted only of an affidavit executed by an alleged
co-teacher of the deceased, tending to show that the risk of contracting
aplastic anemia was increased by the deceased’s working conditions was attached
only to his petition before this Court. There is therefore no basis to charge public respondents of having acted
with grave abuse of discretion in denying petitioner’s claim for death
compensation benefits. It cannot be
expected to engage in guesswork and render judgment on the basis of evidence
not submitted to it nor brought to its attention.

At the administrative level, the petitioner relied solely on the
favorable recommendation of the ECC that if
the chest x-ray taken on the deceased is positive for pulmonary
tuberculosis, his death case is compensable. When remanded to the GSIS, the x-ray film showed that the deceased was
positive for minimal PTB. The GSIS
then correctly awarded partial disability benefits only. Since the petitioner was not satisfied with
the decision, she now comes to Us on a different theory. The problem however, is that this Court is
not in the position to determine the authority of the affiant to make those
statements and the veracity thereof.

While insecticide is listed as a possible cause of the disease
(T.R. Harrison, Principles of Internal Medicine,
7th ed., p. 1533) there was no showing that affiant Mrs. Lourdes Agua, allegedly
a co-teacher of the deceased, had the personal knowledge to attest to the facts
stated in her affidavit. She stated in
her affidavit that:

“This is to certify that Mr. Ernesto I. Reyes, an Elementary
Grades Teacher at Calapan East District, Division of Oriental Mindoro was
assigned as Intermediate teacher at Maxima M. Kalaw Memorial School at barrio
Palhi which is eight kilometers from his residence. It is further certified that during the SY 1974-1977 he used to
walk everyday morning and afternoon from his residence to his assignment
passing along the ricefield and fruit trees and of course could not avoid the
pollution brought about by insecticides
and fertilizers used by farmers like malathion, urea and ammonium sulfate. After these years of exposure to such
chemicals he was then transferred to Calapan Central School where he was
assigned as Practical Arts Teacher and was again exposed to other sorts of
chemicals like thinner and paint which later on developed sickness (sic) as
dizziness and vomiting. He didn’t
bother going to the doctor thinking that it was just an ordinary thing because
as a teacher and father of four children, he must think of earning additional
amount aside from his meager salary as teacher in order to give his children
better education and future.

“Because of the above activities of Mr. Ernesto I. Reyes as
teacher who devoted his time, talents and efforts to serve the school children
he was without his knowing developed (sic) such illness which later on became
so serious causing his death and leaving his wife to work alone so their four
children could be given what their father dreamed of.”

SGD.

Mrs. Lourdes Agua

(p. 20, Rollo)

In claims for compensability under P.D. 626, as amended, the claimant
must show at least, by substantial evidence that the development of the disease
was brought largely by the conditions present in the nature of the job. Substantial evidence means such relevant
evidence as a reasonable mind might accept as adequate to support a conclusion
(Magistrado v. ECC, supra). The
affidavit of Mrs. Agua is, to Our mind, not substantial to support petitioner’s
claim. It is doubtful whether the alleged
exposure of the deceased to insecticides in going to and from school during the
period from 1974-1977 was the immediate cause of his illness. We cannot pretend to be experts in this
field and rule that indeed, his exposure to these substances caused his illness
almost ten years later. This matter
should have been resolved at the administrative level which had the expertise
to determine the validity of the claims of petitioner.

While this Court sympathizes with the plight of petitioner who is
now saddled with the burden of raising and sending her children to school on
her own. We cannot grant her
prayer. As a rule, administrative proceedings are not bound by rigid rules
of procedure, however, total disregard of basic procedures cannot be
countenanced. Claims cannot be raised
for the first time at this very late stage in a petition for certiorari.

Lastly, it should be emphasized that the immediate cause of the
death of Ernesto Reyes was aplastic anemia. That he also had genito-urinary tract infection, renal failure and acute
pulmonary insufficiency do not detract from the fact that these latter
disorders were merely the complications of the main culprit which is aplastic
anemia.

ACCORDINGLY, the petition is DENIED. The questioned decision of the ECC is AFFIRMED.

SO ORDERED.

Narvasa, C.J., (Chairman), Cruz, and
Griño-Aquino, JJ., concur.