Lambino v. Baens Del Rosario
REITERATIONFacts
The Antecedents: Deceased Juan Mercado was employed as a laborer by the City of Manila from 1919 until his death in 1953, with an interruption during World War II. In April 1952, he fell ill and was diagnosed with far-advanced pulmonary tuberculosis. Despite this, he was reinstated on November 1, 1952, and assigned to work at the construction of the International Fair Grounds, where he was exposed to rain and the heat of the sun. He died on May 7, 1953, of pulmonary tuberculosis. Procedural History: A claim for death compensation filed by Martina Lambino, widow of Juan Mercado, was denied by the Workmen's Compensation Commission (WCC) for failure to present sufficient evidence. Subsequent motions for reopening and reconsideration, including one based on alleged newly-discovered evidence, were also denied by the WCC Chairman and the Commission en banc. The Petition: Petitioners sought a review of the WCC's decision and resolution before the Supreme Court.
Issue(s)
Whether the death of Juan Mercado due to pulmonary tuberculosis is compensable under Section 2 of Act No. 3428 as a service-connected illness.
Ruling
The decision and resolution of the WCC are set aside. The WCC Chairman is ordered to compute and award the compensation to which the appellant is entitled under Act No. 3428.
Ratio Decidendi
On Issue 1: The Supreme Court held that the deceased's pulmonary tuberculosis was either caused or aggravated by his work conditions, making it compensable. The Court specifically refuted the WCC's finding that open-air work is inherently 'invigorating,' noting that a street sweeper is uniquely exposed to dust, dirt, and hazardous street filth. It found the WCC's logic 'unreasonably harsh,' pointing out that cleaners must often work through continuous rain and flooding to maintain city sanitation. Furthermore, the Court highlighted that the City of Manila reinstated Mercado in November 1952 despite his known advanced PTB and placed him in construction work where he lacked shelter. Applying the precedent in Manila Railroad Company v. Ferrer (G.R. No. L-15454), the Court concluded that this specific sequence of events established a clear link between the employment and the aggravation of the illness. Consequently, the death meets the criteria for compensation under Section 2 of Act No. 3428, as it arose out of and in the course of employment.
Main Doctrine
The illness of an employee, specifically pulmonary tuberculosis, which causes death, is compensable under Section 2 of Act No. 3428 if it was caused by the nature of his work as a laborer, street cleaner, or sweeper, or at least aggravated by it, considering the exposure to elements, dust, dirt, and the conditions of work, especially when reinstated despite advanced illness.