SSS vs. Simacas GR 217866

Social Security System vs. Violeta A. Simacas

G.R. No. 217866, June 20, 2022

Facts:

    Irnido L. Simacas worked as a Fabrication Helper at Fieldstar Manufacturing Corporation from April 1995 until February 2010. Two years before retiring, Irnido complained of back pains and incessant coughing. The said symptoms worsened until he could no longer perform his job and had to retire in February 2010. On 13 July 2010, Irnido died due to Cardiopulmonary Arrest probably secondary to Metastatic Prostatic Adenocarcinoma.

    Irnido's surviving spouse, Violeta Simacas, filed a claim for employee's compensation benefits which was denied by the SSS on the ground that the cause of death was a non-occupational disease. 

    The CA reversed the SSS decision on the basis of PD 626, as amended.

Issue:

1. Whether or not the risk of contracting prostate cancer was increased by Irnido's work conditions; and

2. Whether or not Violeta Simaca is entitled to receive death benefits under PD 626, as amended.

Held: 

1. A review of the records reveals that respondent proved that Irnido's working conditions increased the risk of him contracting prostate cancer.

    Several studies have suggested that work-related exposures to certain substances, such as chromium, have the potential of affecting the risk of getting prostate cancer. A recent study "revealed a small but significant increase in prostate cancer risk for chromium exposure."

    In this case, it is undisputed that the deceased's work included assisting the welder and the machinist is cutting steel materials. It is said that "workers engaged in the manufacturing or handling stainless steel are exposed to chromium in varying degrees."

2. Violeta is entitled to receive death benefits under PD 626.

    Presidential Decree No. 626 continues to be "an employee's compensation law or a social legislation" which should be liberally construed in favor of labor.

        The Court reiterated the ruling in Obra v. SSS which stated that "...as the official agents charged by law to implement social justice guaranteed by the Constitution, the ECC and the SSS should adopt a liberal attitude in favor of the employee in deciding claims for compensability especially where there is some basis in the facts for inferring a work connection with the illness or injury, as the case may be."

Fulltext: https://sc.judiciary.gov.ph/28593/

Gatchalian vs Urrutia GR 223595

Sherwin T. Gatchalian vs. Romeo V. Urrutia

G.R. No. 223595, March 16, 2022

Facts:

        On 3 January 2012, Elizabeth B. Laron lodged a complaint addressed to then Valenzuela Mayor Gatchalian against Urrutia for Sexual Harassment committed on 22 December 2011. Gatchalian constituted the PCEB as the Committee on Decorum and Investigation and later created the Committee on Decorum and Investigation (CODI). While, Urrutia filed a Motion to Dismiss assailing the non-compliance with the Rules on Sexual Harassment Cases by Laron and Mayor Gatchalian.

        On 23 March 2012, a formal charge of Sexual Harassment and order of preventive suspension in Adm. Case No. CODI-2012-01 was issued by the Office of the City Mayor.

      On 17 May 2012, while the administrative case was pending with the CODI, Urrutia filed a memorandum of appeal with the CSC questioning the creation of the CODI. On 4 July 2012, the CODI found Urrutia liable for sexual harassment and was dismissed from service.

        Urrutia filed an appeal with the CSC which granted Urrutia's appeal and found the formal charge and the order of suspension by Gatchalian null and void. 

        On 11 December 2015, the CA affirmed the CSC ruling.

Issue:

        Whether or not the local chief executive has the power to issue a formal charge and a preventive suspension order against an employee of the sangguniang panlungsod for Sexual Harassmaent acts.

Held:

        The Petition for Review on certiorari is Granted. The formal charge for Sexual Harassment and order of preventive suspension by petitioner Sherwin T. Gatchalian, former City Mayor of Valenzuela City, against respondent Romeo V. Urrutia, Records Officer IV in the Council Secretariat, Sangguniang Panlungsod of Valenzuela City and Chairman of the Board of Directors of the City Government of Valenzuela City Employees Cooperative, are VALID.

Ratio:

        The general rule is that power to appoint carries with it the power to discipline. The exception is when the power to discipline or to remove is expressly vested in another office of authority. In the case at bar, there is a clear contrary statutory provision expressed in the Charter of Valenzuela City which was directly lifted from Section 455 (b)(1)(x) of the Local Government Code of 1991 which provides that the Chief Executive shall "ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and this Code and cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed an offense in the performance of his official duties."

        Furthermore, Section 87 of the Local Government Code of 1991 empowers the local chief executive to impose the appropriate penalty on erring subordinate officials and employees under his or her jurisdiction.

        Section 7, Rule VI of the Rules on Sexual Harassment Cases specifically provides that a CODI must be constituted in all national or local agencies of the government, state colleges and universities, including GOCCs with the original charter. In the absence of a CODI, the head office or agency shall immediately cause the creation of the CODI in accordance with law and rules.

Fulltext: https://sc.judiciary.gov.ph/28437/

Tortona vs Gregorio GR202612

Tortona et al. vs Gregorio et al. 

GR 202612; Jan. 17, 2018

Facts: 

Findings of Gomez July 13, 2000 - 1st Report

- "the purported thumbmarks of Rufina Casimiro in the alleged Deed of Absolute Sale ... [were] not identical with her standard thumbmarks in [the standard documents]"

- "the thumbmarks appearing in the ... Deed of Absolute Sale ... were not impressed by Rufina Casimiro."

Findings of Gomez May 2, 2001 - 2nd Report

- thumbmarks on the standard documents appeared to be "faint, blurred and lacking the necessary ridge characteristics to warrant positive identification."

- he clarified in a subsequent that "while the standard thumbmarks lack the 'necessary ridge characteristics to warrant positive identification,['] 'all the standard are all in the same finger print pattern' and 'they are also in agreement of the flow of ridges of all the standard."

- RTC concluded that the Deed of Absolute Sale was a forgery

- CA reversed and set aside the ruling of the RTC. It also emphasized Gomez's second examination, which appeared to indicate that the thumbmarks in the standard documents prevent "positive identification."

Issue:

Whether Rufina Casimiro’s thumbmark is authentic or not.

Held:

        Technical Investigation/Identification Report FP Case No. 2000-182 dated July 13, 2000 - The questioned thumbmarks on the Deed of Absolute Sale do not belong to Rufina. The questioned thumbmarks were of the "circle type" while the genuine thumbmarks of Rufina were of the "loop type."

        The faint and blurred features of the thumbmarks appearing on the standard documents may have made them less than ideal. Still, Gomez explained that they remained to be sufficiently consistent, and therefore, suitable for a comparison with the thumbmarks appearing on the disputed Deed of Absolute Sale.

        Petitioners were able to discharge their burden of proving forgery by clear and convincing evidence. Petitioners themselves recounted in a straightforward manner that their mother, being illiterate, never dealt with her properties without the assistance of any of her children.  To attest to this, they presented documents bearing the thumbmarks of their mother, where it appeared that at least one (1) of them was present to assist her.  These same documents, when compared with the contentious Deed of Absolute Sale, demonstrated the falsity of the thumbmarks appearing on the latter.

Fulltext: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63831