Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS
First Regular Session

House Bill No. __ 4303

Introduced by Honorable PEDRO M. PANCHO

EXPLANATORY NOTE

Under the previous law on Health, Safety and Welfare benefits,
Particularly the Workmen's Compensation Act (ACT No. 3428), in case
of sickness, and disability or death of an employee arising therefrom,
he or his heirs may file a claim for compensation benefits under the
law, and once it is shown that the illness arose out of orin the course of
employment, they are entitled to the legal presumption that the claim
for compensation falls within the provisions of the law, that is, that the
sickness is compensable, or that the risk of contracting the same was
increased by the working conditions of the employment. in other
words, the claimants NEED NOT PRESENT PROOF OF CAUSATION for their
claim to be granted. These presumptions are called the presumptions
‘of compensability and aggravation under the soid law.

However, both presumptions_have been abrogated by the
adoption of the present Labor Code. Under the new law (P.D. No. 626),
the rule is that in order for an employee or his heirs to claim for sickness,
disability or death benefits, the sickness must either be omong the
occupational diseases specifically listed under Annex A of the Rules on
Employees’ Compensation: or if not so listed, that the claimants prove


by substantial evidence, that the tisk of contracting the disease was
aggravated by the conditions of employments. Falling in these two,
then ciaim would be denied.

This rule is clearly contrary io the policy of the state ordained in
the 1987 Constitution to afford full protection to labor. Under this rule,
the employees are burdened to prove that they are entitied to the
benefits sought. to which they are reatly entitled fo in the first place
under the law, being legitimate employees of fhe employer and
members of the SSS or GSIS, as the case may be. A “BENEFIT" is an act
of gratuity fo which the grantor gives WITH NO STRINGS ATTACHED. Its
Purpose under our labor laws is TO GIVE AID to the workers and their
dependents in case of unfortunate events like sickness, disability or
death of the former. The abolition of the presumplions of
compensability and aggravation is thus to the clear prejudice of the
welfare of the employees. The employee or his heirs, who are already
suffering on account of the sickness or disability of the worker, or who
ore aggrieved by his death, are even given by the jaw an additional
burden of proving thai they are entitled to the benefits claimed. The
purpose then of the labor legistation of giving cid to the lowly workers
and their dependents is defeated with the adoption of this rule. There is
no more reason for giving the term “BENEFITS” to the compensation
Claims of the cigimants because they would have to go an extra mile
in order for such claim to be granted them. The protection of the
welfare of the employees is such more imaginary in this case than.
actual. This is a clear case of "adding insult to injury.”

Accordingly, approval of the Gttached bill is hereby requested.

We ce)
EDC

24 District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

THIRTEENTH CONGRESS:
First Regular Session

House BilNo.__ 4303

Introduced by Honorable PEDRO M. PANCHO

“AN ACT AMENDING PRESIDENTIAL DECREE NO. 626 TO THE EFFECT THAT
THE PRESUMPTIONS OF COMPENSABILITY AND AGGRAVATION
UNDER THE PREVIOUS WORKMEN'S COMPENSATION ACT BE
REVIVED."

‘Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. The amendment of Presidential Decree No. 626 to the
ettect that the presumptions of Compensability and Aggravation
under the previous Workmen’s Compensation Act (Act No. 3428} is
hereby authorized.

SEC. 2. The Department of Labor and Employment. shall
formulate, promulgate the necessary rules for the proper dissemination
and implementation of the Act.

APPROVED,