G.R. No.

146360
SALALIMA vs. EMPLOYEES COMPENSATION COMMISSION and SSS
FACTS:
Juancho Salalima, was employed for twenty-nine years as a route helper and
subsequently as route salesman for the Plant of Coca-Cola Bottlers Phils.,
Incorporated. He was diagnosed with minimal pulmonary tuberculosis and
later lung cancer. Consequently, he underwent chemotherapy. Later, he was
found to be suffering from pneumonia. He died on February 16, 1995 due to
lung cancer.
A claim for compensation benefits under P.D. 626 as amended was filed by
his surviving wife, Azucena Salalima, with the Social Security System (SSS).
SSS denied the petition on the ground that lung cancer had no causal
relationship with Juanchos job as a route salesman. Petitioners motion for
reconsideration was denied. Hence, petitioner brought the case to the
Employees Compensation Commission (ECC), which affirmed the decision
of the SSS.
Salalima elevated the case to the CA arguing that Juanchos route as a
salesman exposed him to all kinds of pollutants, not to mention the daily
hazards and fatigue that came with his tasks. She pointed out that the SSS
and the ECC disregarded Juanchos medical history and the fact that the risk
of contracting Juanchos ailment was increased by the nature of his work.
Salalima cited the raison dtre for the passage of RA 8749, otherwise known
as the Clean Air Act. Petitioner stated that the Act provides for a
comprehensive pollution control policy that mainly concentrates on the
prohibition of leaded gasoline due to its scientifically proven deleterious effect
on the health of individuals. However, the Court of Appeals affirmed the
decision of the ECC.
HELD:
According to medical experts, Adenocarcinoma of the lungs is one of the four
major histologic varieties of bronchogenic carcinoma. Medical books list the
etiology of lung cancers as follows: cigarette smoking, occupational
exposure, air pollution, and other factors such as preexisting lung damage
and genetic influences.
In light of Juanchos continued exposure to detrimental work environment
and constant fatigue, the possibility that Juanchos Adenocarcinoma of the
lungs developed from the worsening of his pulmonary tuberculosis is not
remote.
The degree of proof required under P.D. No. 626 is merely substantial
evidence. What the law requires is a reasonable work-connection and not a

direct causal relation. It is enough that the hypothesis on which the

workmen's claim is based is probable. Probability, not certainty, is the
touchstone. In Juanchos case, we believe that this probability exists.
Juanchos job required long hours on the streets as well as his carrying of
cases of soft drinks during sales calls. The combination of fatigue and the
pollutants that abound in his work environment verily contributed to the
worsening of his already weak respiratory system. His continuous exposure
to these factors may have led to the development of his cancer of the lungs.
The petition for review on certiorari is GRANTED. The Decision of the Court
of Appeals is REVERSED and SET ASIDE. The Social Security System is
ordered to pay petitioner Azucena Salalimas claim for death benefits under
the Employees Compensation Act.
-sab