8/20/2020
E-Library - Information At Your Fingertips: Printer Friendly
benefit, of employees and their dependents, with all doubts as to the right to
compensation being resolved, and all presumptions indulged in their favor.[40]
This liberal construction of the rules pertaining to compensability has been affirmed
time and again, as in the recent case of Canuel v. Magsaysay Maritime Corporation,[41]
where we said:
However, a strict and literal construction of the 2000 POEA-SEC, especially
when the same would result into inequitable consequences against labor, is
not subscribed to in this jurisdiction. Concordant with the State's avowed
policy to give maximum aid and full protection to labor as enshrined in
Article XIII of the 1987 Philippine Constitution, contracts of labor, such as
the 2000 POEA SEC, are deemed to be so impressed with public interest that
the more beneficial conditions must be endeavoured in favor of the laborer.
The rule therefore is one of liberal construction. x x x[42] (Emphasis
supplied; citations omitted.)
The application of the liberal construction in favor of labor in our jurisdiction and settled
jurisprudence requires only that a reasonable connection between the nature of the
occupation and the cause of death be established to entitle claimants to accountability,
as aptly defined in the case of Wallem Maritime Services, Inc. v. NLRC:[43]
It is not required that the employment be the sole factor in the growth,
development or acceleration of the illness to entitle the claimant to the
benefits provided therefor. It is enough that the employment had
contributed, even in a small degree, to the development of the
disease and in bringing about his death.
It is indeed safe to presume that, at the very least, the nature of Faustino
Inductive's employment had contributed to the aggravation of his illness-if
indeed it was preexisting at the time of his employment and therefore it is
but just that he be duly compensated for it. It cannot be denied that there
was at least a reasonable connection between his job and his lung infection,
which eventually developed into septicemia and ultimately caused his death.
As a utility[ ]man on board the vessel, he was exposed to harsh sea
weather, chemical irritants, dusts, etc., all of which invariably contributed to
his illness.
Neither is it necessary, in order to recover compensation, that the employee
must have been in perfect condition or health at the time he contracted the
disease. Every working[ ]man brings with him to his employment certain
infirmities, and while the employer is not the insurer of the health of the
employees, he takes them as he finds them and assumes the risk of liability.
If the disease is the proximate cause of the employee's death for which
compensation is sought, the previous physical condition of the employee is
unimportant and recovery may be had therefor independent of any preexisting disease.[44] (Emphasis supplied; citation omitted.)
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64957
5/9