655 Phil. 550
LEONARDO-DE CASTRO, J.:
[Petitioner Alexander B.] Gatus worked at the Central Azucarera de Tarlac beginning on January 1, 1972. He was a covered member of the SSS (SS No. 02-0055015-6). He optionally retired from Central Azucarera de Tarlac upon reaching 30 years of service on January 31, 2002, at the age of 62 years. By the time of his retirement, he held the position of Tender assigned at the Distillery Cooling Tower.
In the course of his employment in Central Azucarera de Tarlac, he was certified fit to work on October 21, 1975 and was accordingly promoted to a year-round regular employment.
He suffered chest pains and was confined at the Central Luzon Doctor's Hospital in Tarlac City on August 12, 1995. Upon discharge on August 17, 1995, he was diagnosed to be suffering from Coronary Artery Disease (CAD): Triple Vessel and Unstable Angina. His medical records showed him to be hypertensive for 10 years and a smoker.
On account of his CAD, he was given by the SSS the following EC/SSS Permanent Partial Disability (PPD) benefits: (a) 8 monthly pensions effective September 1, 1994 and (b) 4 monthly pensions effective January 3, 1997. He became an SSS retirement pensioner on February 1, 2002.
Sometime in 2003, an SSS audit revealed the need to recover the EC benefits already paid to him on the ground that his CAD, being attributed to his chronic smoking, was not work-related. He was notified thereof through a letter dated July 31, 2003.
Convinced that he was entitled to the benefits, he assailed the decision but the SSS maintained its position. The SSS also denied his motion for reconsideration.
He elevated the matter to the ECC, which denied his appeal on December 10, 2004, essentially ruling that although his CAD was a cardiovascular disease listed as an occupational disease under Annex A of the Implementing Rules on Employees' Compensation, nothing on record established the presence of the qualifying circumstances for responsibility; that it was incumbent upon him to prove that the nature of his previous employment and the conditions prevailing therein had increased the risk of contracting his CAD; and that he had failed to prove this requisite. The ECC concluded:As explained medically, the development of IHD or otherwise termed as Coronary Artery Disease (CAD) is caused by atherosclerosis, the hardening of the inner lining of arteries. One of the risk factors considered by medical science for the development of atherosclerosis is smoking. Appellant had been documented to be a chronic smoker and such factor which is not in any way related to any form of employment increased his risk of contracting heart disease.
Hence, this recourse, wherein he contends that he had contracted the disease due to the presence of harmful fuel smoke emission of methane gas from a nearby biological waste digester and a railway terminal where diesel-fed locomotive engines had "spew(ed) black smoke;" and that he had been exposed for 30 years to various smoke emissions that had contained carbon monoxide, carbon dioxide, sulfur, oxide of nitrogen and unburned carbon.[3] (Emphases added.)
- The appellate court's decision is against existing jurisprudence on increased risk theory of rebook condition and progression and deterioration of illness that supervened during employment and persisted after optional retirement.
- Violation of due process.[5]
Ischemic Heart Disease (IHD) is the generic designation for a group of closely related syndromes resulting from ischemia - an imbalance between the supply and demand of the heart for oxygenated blood. Because coronary artery narrowing or obstruction owing to atherosclerosis underlies MI, it is often termed coronary artery disease (CAD). Atherosclerosis which is primarily due to smoking, diet, hypertension and diabetes is the main culprit in the development of CAD. (Pathologic Basis of Disease by Robbins, 5th edition.)[7] (Emphasis supplied.)
RULE III
Compensability
Sec. 1.Grounds -- x x x
(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, proof must be shown that the risk of contracting the disease is increased by the working conditions.
For an occupational disease and the resulting disability or death to be compensable, all of the following conditions must be satisfied:
- The employee's work must involve the risks described herein;
- The disease was contracted as a result of the employee's exposure to the described risks;
- The disease was contracted within a period of exposure and under such other factors necessary to contract it;
- There was no notorious negligence on the part of the employee.
(a) If the heart disease was known to have been present during employment there must be proof that an acute exacerbation clearly precipitated by the unusual strain by reason of the nature of his work.
(b) The strain of work that brings about an acute attack must be of sufficient severity and must be followed within twenty-four (24) hours by the clinical signs of a cardiac insult to constitute causal relationship.
(c) If a person who was apparently asymptomatic before subjecting himself to strain at work showed signs and symptoms of cardiac injury during the performance of his work and such symptoms and signs persisted, it is reasonable to claim a causal relationship.[16]
The requisite quantum of proof in cases filed before administrative or quasi-judicial bodies is neither proof beyond reasonable doubt nor preponderance of evidence. In this type of cases, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. In this case, substantial evidence abounds.[18]
The degree of proof required under P.D. 626 is merely substantial evidence, which means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Accordingly, the claimant must show, at least by substantial evidence, that the development of the disease was brought about largely by the conditions present in the nature of the job. What the law requires is a reasonable work connection, not a direct causal relation.
Gatus was diagnosed to have suffered from CAD; Triple Vessel and Unstable Angina, diseases or conditions falling under the category of Cardiovascular Diseases which are not considered occupational diseases under the Amended Rules on Employees Compensation. His disease not being listed as an occupational disease, he was expected to show that the illness or the fatal disease was caused by his employment and the risk of contracting the disease was increased or aggravated by the working conditions. His proof would constitute a reasonable basis for arriving at a conclusion that the conditions of his employment had caused the disease or that such working conditions had aggravated the risk of contracting the illness or the fatal disease.
Under ECC Resolution No. 432 dated July 20, 1977, cardiovascular disease is deemed compensable under any of the following conditions, viz:(a) If the heart disease was known to have been present during employment, there must be proof that an acute exacerbation was clearly precipitated by the unusual strain by reasons of the nature of his work.
(b) The strain of work that brings about an acute attack must be of sufficient severity and must be followed within 28 hours of the clinical signs of cardiac insult to constitute causal relationship.
x x x x
Gatus did not discharge the burden of proof imposed under the Labor Code to show that his ailment was work-related. While he might have been exposed to various smoke emissions at work for 30 years, he did not submit satisfactory evidence proving that the exposure had contributed to the development of his disease or had increased the risk of contracting the illness. Neither did he show that the disease had progressed due to conditions in his job as a factory worker. In fact, he did not present any physician's report in order to substantiate his allegation that the working conditions had increased the risk of acquiring the cardiovascular disease.
Verily, his mere contention of exposure to various smoke emissions in the working environment for a period of time does not ipso facto make the resulting disability compensable. Awards of compensation cannot rest on speculations or presumptions, for the claimant must prove a positive proposition. As pronounced in Sante v. Employees' Compensation Commission:x x x What kind and quantum of evidence would constitute an adequate basis for a reasonable man (not necessarily a medical scientist) to reach one or the other conclusion, can obviously be determined only on a case-to-case basis. That evidence must, however, be real and substantial, and not merely apparent; for the duty to prove work-causation or work-aggravation imposed by existing law is real... not merely apparent...
Moreover, he failed to show the presence of any of the conditions imposed for cardio-vascular diseases by Sec. 18. Hence, the affirmance of the SSS decision was properly made.
The petitioner's plight might call for sympathy, particularly in the light of his 30 years of service to the company, but his petition cannot be granted on that basis alone. The policy of extending the applicability of P.D. 626 as many qualified employees as possible should be balanced by the equally vital interest of denying undeserving claims for compensation.
In fine, Gatus was not qualified for the disability benefits under the employees compensation law.
WHEREFORE, the Decision of the Employees Compensation Commission is AFFIRMED.[19]
Finding nothing cogent and persuasive in the petitioner's Motion for Reconsideration dated June 20, 2006, we DENY the motion.
We point out that our decision of May 24, 2006 has fully explained the bases for the ruling we have made, including the matters being discussed by the petitioner in his Motion for Reconsideration. We consider it repetitious and redundant to discuss them herein again.[20]
A question of fact exists when the doubt centers on the truth or falsity of the alleged facts while a question of law exists if the doubt centers on what the law is on a certain set of facts. There is a question of fact if the issue requires a review of the evidence presented or requires the re-evaluation of the credibility of witnesses. However, if the issue raised is capable of being resolved without need of reviewing the probative value of the evidence, the question is one of law.[22]
As an overture, clear and unmistakable is the rule that the Supreme Court is not a trier of facts. Just as well entrenched is the doctrine that pure issues of fact may not be the proper subject of appeal by certiorari under Rule 45 of the Revised Rules of Court as this mode of appeal is generally confined to questions of law. We therefore take this opportunity again to reiterate that only questions of law, not questions of fact, may be raised before the Supreme Court in a petition for review under Rule 45 of the Rules of Court. This Court cannot be tasked to go over the proofs presented by the petitioners in the lower courts and analyze, assess and weigh them to ascertain if the court a quo and the appellate court were correct in their appreciation of the evidence.[24]
It is settled that the Court is not a trier of facts and accords great weight to the factual findings of lower courts or agencies whose function is to resolve factual matters. It is not for the Court to weigh evidence all over again. Moreover, findings of fact of administrative agencies and quasi-judicial bodies, which have acquired expertise because their jurisdiction is confined to specific matters, are generally accorded not only respect but finality when affirmed by the Court of Appeals.[26]