REPUBLIC OF THE PHILIPPINES

GOVERNMENT SERVICE INSURANCE SYSTEM

Financial Center, Roxas Boulevard, 1308 Pasay City

BOARD OF TRUSTEES

IN RE: CLAIM FOR

PERMANENT TOTAL
DISABILITY BENEFITS UNDER
REPUBLIC ACT NO. 8291

GSIS Board Case No. OlO-14

HENEDINA C. GUERRERO,
Petltioner.

DECISION
This is a Petition filed by Henedina C. Guerrero on 17 March 2014,

appealing the GSIS Committee on Claims' (CoC) Resolution dated 17

January 2014, which denied her request for Permanent Total Disability
(PTD) under Republic Act (R.A.) No. 8291.

THE FACTS

Petitioner Henedina C. Guerrero was an elementary school teacher

in the government service from ll August 1986 until she retired on 03

June 2013. At the time of her retirement, she was only fifty three (53)
years old.

Three days after her retirement, or on 06 June 2013, Petitioner

filed an application for Permanent Total Disability (PTD) benefits under
R.A. No.8291.

Evaluation of her application was thereafter undertaken by the

GSIS Medical Unit-NCR Group. Petitioner was physically examined by

Dr. Luzviminda Tan of tne iStS Medical Unit-NCR Group.

 DECISION
' GSIS Cas<t No. 010-14

During the physical examination, Dr. Tan observed that Petitioner

was fairly nourished, fairly developed, conscious, coherent and

ambulatory. She also noted no significant findings on Petitioner's

breathing. In fact, Petitioner exhibited norrnal lung functions.

Based on her medical history and the findings submitted by

Petitioner's physician, Petitioner was diagnosed with Chronic Allergic
Rhinitis and partly controlled Bronchial Asthma. Partly controlled
Bronchial Asthma and Chronic AJlergic Rhinitis both do not fall under the

illnesses and criteria prescribed by Policy and Procedural Guideline

(PPG) No. 2L6-12 on Permanent Total Disability Claim under R.A. No.

8291. In view thereof, the Medical Unit-NCR Group concluded that

Petitioner's illness is not permanent and total.

Such being the case, Petitioner's application for PTD was

disapproved.

On 27 June 2013, Petitioner moved for reconsideration of the

disapproval stating that the severity of her illness was unfairly misjudged

by GSIS Medical Officers. She alleged that she had been suffering from
Chronic Allergic Rhinitis since 2002, as evidenced by ECC Board

Resolution No. 02-06-464 and ECC Case No. GM 14009-402 dated 20

June 2002 approving her Temporary Total Disability (TTD) application

under Presidential Decree (P.D.) No. 626 (Employees Compensation Act),

as amended.

On 14 October 2013, the respective Offices of the Senior Vice

Presidents for the National Capital Region Operations Group, the Luzon

Operations Group and the Visayas Mindanao Operations Group issued

DECISION
GSIS Case No. 010-14

Resolution No. 201310-31a disapproving the request for reconsideration

of Petitioner's PTD claim.

In a letter dated 23 September 2013, Petitioner contended that the

Supreme Court Decision in Martlnlano Sarmiento u. Employees
Compensation Commission and Government Seruice fasurance
System,l is similar and applicable to her case.

The letter was treated as an appeal to the GSIS CoC and on 17

January 20t4, the CoC issued a Decision in Case No. 84-2013 (In The
Matter of the Claim for Permanent Total Disability Benefits Under
Republic Act No. 8291 frled by Henedina C. Guerrero), denying her
appeal.

On 17 March 2014, Petitioner filed the present petition challenging

the CoC's decision.

On 30 May 2014, a preliminary conference hearing was conducted

where Petitioner opted to have the case submitted for resolution based
on position papers.

After the parties submitted their respective position papers, the

case was deemed submitted for resolution.

ISSUE

WHETHER PETITIONER'S CLAIM FOR

PERMANENT TOTAL DISABILITY RETIREMENT
UNDER R.A. NO. 8291 MAY BE ALLOWED.

' o.R. No. L-68648, 24 September 1986.

 DECISION
' GSIS Case No.01O-14

DISCUSSION

The Petition lacks merit.

Section 15 of R.A. No. 8291 provides that a member, who suffers

permanent disability for reasons not due to his grave misconduct,
notorious negligence, habitual intoxication, or willful intention to kill
himself or another, shall be entitled to PTD benefits subject to the

conditions provided thereunder.

Specifically, Section 16 (d) (1) to (4) of the same law lists down the
disabilities that can be considered total and permanent, namely:
complete loss of sight of both eyes; loss of two (2) Iimbs at or above the

ankle or wrists; permanent complete paralysis of two (2) Iimbs; and brain

injury resulting in incurable imbecility or insanity. In addition, Section 16

(d) (5) thereof allows GSIS to determine other cases that would qualify as

total and permanent disabilities.

In view of Section 16 (d) (5) of R. A. No. 8291., the GSIS adopted

PPG No. 216-12 prescribing the Guidelines for Permanent and Total
Disability Claims Under R. A. No. 8291. Under Annex "A" of PPG 216-12
there are only three (3) Respiratory Deceases which may qualify as PTD:
Pulmonary Tuberculosis, Bronchlal Asthma and Chronic Obstructive
Pulmonary Disease. Bronchial Asthma, as claimed by Petitioner, may
only be considered a PTD subject to the following conditions:

1. Respiratory System

This includes diseases resulting from respiratory

disorders based on symptoms, physical signs,
laboratory test abnormalities, and response to a
treatment regimen.
DECISION
GSIS Case No.010-14

Chronic pulmonary disorders generally cause

extensive and progressive lung destruction resulting
in marked and irreversible loss of pulmonary function
due to ventilator irnpairments, gas exchange
abnormalities, or a combination of both.

xxx

b. Bronchial Asthma - Severe and persistent type with

established clinical signs of CorPulmonale or "Right
Heart Failure" (elevation of jugular venous pressure
and pitting ankle edema).

The law and its implementing rules and regulations are very clear

on this matter. PPG No. 216-12 specifically provides that before

Bronchial Asthma may be recognized as PTD, clinical signs of

CorPulmonale or "Right Heart Failure" (elevation of jugular venous

pressure and pitting ankle edema) must be established.

In evaluating Petitioner's case, GSIS physicians first established

her medical history by interviewing Petitioner herself. Thereafter, they

evaluated the certifications of her physicians as well as the other
pertinent medical documents submitted by Petitioner. Finally, Dr.
Luzviminda Tan of the GSIS Medical Unit-NCR Group conducted a
physical examination of Petitioner.

Here, upon Dr. Tan's physical examination of Petitioner, it was

discovered that Petitioner's Bronchial Asthma exhibited no clinical signs

of CorPulmonale or "Right Heart Failure." In fact, during her physical

examination, Dr. Tan noted that Petitioner exhibited normal lung
functions.

Insofar as Petitioner's Allergic Rhinitis is concerned, the same does

not qualify for PTD under PPG No. 216-12. Moreover, while her Allergic
DECISlON
GSIS Case No. OlO-11

Rhinitis was described as "Chronic," the term merely implies that the
same has been occurring or re-occurring for a long period of time.'z It

does not amount to acuteness or severity.

Thus, after conducting its evaluation of Petitioner's medical records

and physical examination, the GSIS Medical Unit-NCR Group concluded

that Petitioner's Bronchial Asthma and Chronic Allergic Rhinitis are not
permanent and total and do not qualify as PTD.

In view of the foregoing, the GSIS Medical Unit-NCR Group did not

recommend approval of Petitioner's application for PTD.

Pursuant to Section IV (DX3)g of PPG No. 216-12, the illnesses or

injuries that may qualify for PTD benefits shall be determined by the
GSIS Medical Officers. Their evaluation and findings, in this case, is
accorded great weight, not only because the same is their primary task,

but more importantly because they were able to personally see and
examine the condition of the Petitioner.

Finally, Petitioner's contention that her illness arises out of and in

the course of her employment as a teacher or is "work-related, " citing the

case of Sarmiento us. ECC and GSIS, is immaterial considering that

she filed her claim for disability benefits under R.A. No. 8291.3

The list of disabilities that are deemed total and permanent under

Section 16 (d) of R.A. No. B29L is based on the degree of severity of the

injury or disease, that is, whether it causes complete, irreversible and

permanent incapacity resulting in a permanent disability of the member

: p. l6lt. Blakiston's Pocket

Medical Dictionar). Fou(h Edirion ( lq79).
' Jimenez vs. Couon ol Appeals, et al., G.R. No. i-{4449. March 23,2{)06; GSIS vs. Court of Appeals, C.R.
No. 126352. Scptember 7, 2001; Orate vs, Court of Appeals. C.R. No. 132761. March 26,2003.
DECISION
GSIS Case No. 010- 14

to work or engage in the same occupation resulting in loss of income. It

does not matter if the injury or disease is work related or not. A member
who suffers any of the illnesses/injuries enumerated therein shall be
entitled to PTD benefits under R.A. No. 8291 as long as the same is not

due to his/her grave misconduct, notorious negligence, habitual

intoxication, or willful intention to kill him/herself or another.

RULING

IN VIEW OF THE FOREGOING, the Petition is DENIED for lack of

merit and CoC Resolution in Case No. 84-2013 dated 17 January 2014 is
affirmed.

IVI{EREFORE, the petition is hereby dismissed for lack of merit.

SO ORDERED.

1 1 DEC 20'14 20t4.

(ou uc-lve)
DANIEL L. I-ACSON, Jr.
Chairman

ROB RT G.
V \ '"r, GUJA

ROMEO M. ALIP
, Tlustee
x*"\
KARTNA CO

P^^ q ww
ELTSEA q. C,g7uN GERALDINE ERABE-MARTTNEZ
Tmstee " Trustee

h*oa*, '( (A,

cnrcbfuo r. YUn
tXstee U
FRANCISCO T. DUQUE III'
Trustee

' Did not participate in the discussion

DECISION
GSIS Case No. O10-14

Copy Furnished:

Atty. Jennlfer B. Rosales

Counsel for the CoC
Prosecution and Quasi-Judicial Cases Dept.
Litigation Office, Legal Services Office
Henedina C. Guerrero
Petitioner
No. 73 Catherine St.,
Brgy. Holy Spirit, Quezon City

CERTIFICATION
I, JOHN ANDREW R. SAIAZAR, having been assigned as
Hearing Officer to draft a Decision in GSIS Board of Trustees Case No.
010-14 endtled " In the matter of the claim for permanent total disability
benelits under R.A. No. 8291, Henedina C. Guerero, petitioner."hereby
certify that the statement of facts herein stated and being presented
before this Board is accurate and true, based on the records of the case,
the pleadings and other documents submitted by the parties.

This certification is issued in compliance with Board Resolution No.

198-4adopted on September 15, 2004.
06 November 2074.

JOHN ANDRE"W R.
Hearing Officer
 G S I S ffJ,:',I]T,"il"1:f#;:[1HIfllfi*flS[!

OFFICE OF THE CORPORATE SECRETARY

EXACT COPY OF RES. NO. 169 ADOFTED BY THE GSIS BOARD OF

TRUSTEES IN ITS MEETING NO.22 HELD ON 11 DECEMBER 2014

Declslon in GSIS Board Case No. O1O-14, In Re: Claim for

Permanent Total Disability Benefits under Republic Act
No. 8291, Henedina C. Guerrero, Petitioner

RESOLUTION NO. 189

WHEREAS, Ms. Henedina C. Guerrero filed a

Petition before the GSIS Board of Trustees, docketed
as GSIS Board Case No. 010-14, appealing the GSIS
Committee on Claims (CoC) Resolution dated 17
January 2014, which denied her request for
Permanent Total Disability under Republic Act No.
8291;
WHEREAS, pursuant to Section 30 of R.A. No.
829 1, the GSIS has original and exclusive jurisdiction
to settle any dispute arising from the application of
the laws administered by the GSIS;
RESOLVED, to APPROVE and CONFIRM the
Decision in GSIS Board Case No. 0 10- 14, In Re:
Claim for Permanent Total Disabilitg Benefits under
Republic Act No. 8291, Henedina C. Guerrero,
Petitioner, the dispositive portion of which states:
.IN VIEW OF THE FOREGOING, thc
Petition is DENIED for lack of merit and CoC
Resolution in Case No. 84-20 13 dated 17
January 2014 is affirmed.
 BOARD MEETING NO.22
11 DECEMBER 2()14
Page 2
(Res. No. 'lB9 -20141

"WHEREF'ORE, thc petition is hereby

dismissed for lack of merit.
,SO ORDERED."

A copy of the Decision in GSIS Board Case No.

010-14 is attached and made an integral part of this
Resolution.

CERTIFIED CORRECT:

ATTY. MA A THE SA ABESAMIS.RAAGAS

Corporat Secretarv

CONFIRMED:

(on leave)
DANIEL L. LACSON, JR.
ChairrMn

*orl*il.ffoo*o
Vice Chairman
\NS\\
XARINA CONSTANTINO.DAVID
Trustee

"ffiffi*{fu YES

W"j:"fiW""
 BOARI' MEETII{G NO. 22
11 DECEMBER 2014
Pago 3
(Res. No. lO? -20l4l

GERALDINE
L__
BERABE.MARTIITEZ
Trustee

(on leave)
FRAITCISCO T. DUQUE III
Trustee