At bar is an appeal by certiorari from the decision of the Court of Appeals1 [Seventeenth Division; Penned by Associate Justice Pedro A. Ramirez and concurred in by Associate Justices Angelina S. Gutierez and Pacita Canizares Nye.], dated April 13, 1992, and the denial of the motion for reconsideration dated June 11, 1992 in CA-G. R. SP No. 26910

The facts that matter are as follows:

Petitioner was employed by the government on March 16, 1955 as a Researcher in the Institute of National Language of the Department of Education, Culture and Sports (DECS). In 1983, he was diagnosed by Dr. Merlin B. Consing, a Phthisiologist, to have PTB Minimal and Emphysema. Since then, he has undergone medical treatment.

From May 1 to 31, 1985, petitioner went on sick leave due to chronic emphysema. On June 1, 1985, he availed of early retirement under Presidential Decree No. 1146 bringing to a close thirty (30) years of public service. He was sixty (60) years old at the time of his retirement. Sdaadsc

Sometime in 1988, petitioner was confined at the Philippine General Hospital (PGH) due to Chronic Obstructive Pulmonary Diseases, Emphysema, PTB class IV and S/P Pneumothorax, Right. He underwent a Pulmonary Function Test which indicated Severe Obstructive Ventilatory Pattern unresponsive to Bronchodilator. Dr. Leon James Young of the UP-PGH Medical Center found petitioner to be suffering from Permanent Total Disability.

On January 5, 1989, petitioner filed with the Government Service Insurance System (GSIS) a claim for Permanent Total Disability benefits under P. D. No. 626. After his ailment was evaluated medically compensable he was only granted Permanent Partial Disability compensation, equivalent to a period of nineteen (19) months beginning June 1, 1985 to December 31, 1986. His subsequent request for an award of his original claim was denied by the System on the ground that the petitioner was already awarded the maximum benefits commensurate to the degree of his disability at the time of retirement. The matter was elevated to the Employees Compensation Commission (ECC) which, in due, time affirmed the finding of the GSIS, ratiocinating thus: Rtcspped

On appeal, the Court of Appeals came out with the assailed decision affirming the disposition of the respondent Commission. Petitioner’s motion for reconsideration suffered the same fate.

Undaunted, petitioner found his way to this Court via the present petition for review on certiorari theorizing that:2 [Petition; Rollo, p. 11.]

Petitioner also posed the legal issues:3 [Ibid, pp. 11-12.]

In a nutshell, petitioner, under the aforestated assignment of errors and the legal issues posited for resolution, faults the Court of Appeals for not adjudging him entitled to his original income benefits claim for Permanent Total Disability and not Permanent Partial Disability as found by the respondent Commission. Xlaw

The assigned errors and legal issues, being closely allied will be discussed jointly.

Petitioner anchors his position on the fact that he was unable to perform any gainful occupation for a period exceeding 120 days by reason of his illness. It is his submission that his illness was acquired during his employment with the government, the same illness which caused him to avail of an early retirement in 1985 and to be confined in 1988 at the Philippine General Hospital. Further, petitioner theorizes that the diagnosis by his physician, Dr. Leon James Young, declaring him to be permanently and totally disabled should have prodded the Commission to grant his original claim.

On the other hand, the respondent Commission maintains that the petitioner is not entitled to the benefits of an employee who is permanently and totally disabled, citing in support of its finding, Section 2 (a), Rule X of the Amended Rules on Employees Compensation, to wit: Scmis

It is thus contended that the mere inability to perform gainful occupation for a period exceeding 120 days due to his illness or injury does not entitle him (petitioner) to the benefits claimed. Respondent Commission also seeks to deny further liability to the petitioner on account of the non-compensable nature of the illness of the latter, alleging that the confinement of petitioner at the PGH sometime in 1988 due to the same ailment could not be attributed to his employment considering that he retired from the service on June 1, 1985. According to the respondent Commission, the risk of his employment aggravating his PTB was unlikely, for any progression of a retired employee’s condition after the date of his retirement is no longer within the compensatory coverage of P. D. 626, as amended, since severance of an employee-employer relationship results in the release of the State Insurance Fund from any liability in the event of sickness and resulting disability or death after such retirement or separation from the service.4 [Rollo, p. 36.] Missc

The petition is impressed with merit.

Employee’s disability under the Labor Code is classified into three distinct categories: (a) temporary total disability; (b) permanent total disability; and (c) permanent partial disability.5 [Vicente vs. Employees Compensation Commission, 193 SCRA 190, 193.] Likewise, Section 2, Rule VII of the Amended Rules on Employees Compensation provides:6 [Ibid.]

Rule XI of the same Amended Rules provide:

In GSIS vs. Court of Appeals et al.,7 [G. R. No. 132648, March 4, 1999; citing Vicente vs. Employees Compensation Commission, Supra.] the Court held that while "permanent total disability" invariably results in an employee’s loss of work or inability to perform his usual work, "permanent partial disability," on the other hand, occurs when an employee loses the use of any particular anatomical part of his body which disables him to continue with his former work. Stated otherwise, the test of whether or not an employee suffers from "permanent total disability" is a showing of the capacity of the employee to continue performing his work notwithstanding the disability he incurred. Thus, if by reason of the injury or sickness he sustained, the employee is unable to perform his customary job for more than 120 days and he does not come within the coverage of Rule X of the Amended Rules on Employees Compensation (which, in a more detailed manner, describes what constitutes temporary total disability), then the subject employee undoubtedly suffers from "permanent total disability" regardless of whether or not he loses the use of any part of his body. Misspped

It is abundantly clear that petitioner’s disability cannot be considered as anything less than permanent and total. As attested to by the declaration of his physician and his medical history, it does not appear that petitioner comes within the coverage of Rule X which should, in effect, only provide for entitlement to temporary total disability benefits. In an unbroken line of cases, this Court has succinctly and categorically ruled that the early retirement of an employee due to work-related ailment proves that indeed the employee was disabled totally to further perform his assigned task, and to deny permanent total disability benefits when he was forced to retire would render inutile and meaningless the social justice precept guaranteed by the Constitution.8 [Daluyon vs. Employees Compensation Commission, 202 SCRA 677, 678.] Where the employee was forced to retire at an early age due to his illness, and illness persisted even after retirement, resulting in his present unemployment, such condition amounts to total disability which should entitle him to the maximum benefits allowed by law.9 [Ibid.] Spped

No amount of dodging by the respondent System will alter the undeniable fact that the illness of petitioner was contracted while he was still in the service. This much is established as a result of the grant to him by the System of permanent partial disability, after inevitably ruling on the compensable nature of said illness. It is therefore specious to uphold respondent Commission’s stance that the deterioration of petitioners condition resulting to his 1988 confinement could not be attributed to his employment considering that he retired from the service on June 1, 1985. Petitioner’s claim cannot be defeated by the mere fact of his separation from the service. The ruling in De la Torre vs. Employees Compensation Commission10 [138 SCRA 106, 113.] has settled this point as follows:

To hold that the finding of Dr. Leon James Young concerning petitioner’s permanent and total disability was useful only for purposes of determining the petitioner’s entitlement to hospitalization benefits under Article 185 and 189 of PD. No 626 and therefore has no bearing on the determination of whether petitioner was entitled to permanent total disability under Article 192 of the same Decree is to trivialize the significance of the physicians medical opinion as to the degree of petitioner’s ailment. It has been resolved in many cases of similar nature that the doctor’s certification as to the nature of claimant’s disability may be given credence as he normally, would not make a false certification.11 [Bello vs. Workmen’s Compensation Commission, 148 SCRA 619, 621-622.] And no physician who is aware of the far reaching and serious effect that his statements would cause on a money claim filed with a government agency, would issue certifications indiscriminately without even minding his own interests and protection.12 [Vicente vs. Employees’ Compensation Commission, supra, p. 196.] Sppedjo

The Court finds as devoid of any basis on record the conclusion of the Court of Appeals that modern medicine can easily heal petitioner’s particular ailment if he is really taking all the care of a diligent patient. While it may be true that the law on disability benefits does not preclude the possibility that one who receives benefits under a permanent total disability may eventually be gainfully employed or recover from his permanent total disability, thus suspending the benefits,13 [Article 192 (b), The Labor Code of the Philippines.] such possibility however does not justify the denial of a claim for a permanent total disability which rightfully pertains to the claimant. To block subject claim on that ground would be premature. It bears stressing, once more, this Court’s abiding concern for the welfare of government workers, especially those in the rank and file, whose patience, industry and dedication to duty have gone unheralded, but who, in spite of every little recognition, plod on dutifully to perform their appointed tasks. It is for this reason that the sympathy of the law, by its own terms, requires a construction of utmost liberality in their favor.14 [GSIS vs. Court of Appeals, supra.]

WHEREFORE, the decision of the Court of Appeals in CA-G. R. SP No. 26910 is SET ASIDE and the petitioner is hereby declared entitled to benefits under Permanent Total Disability. No pronouncement as to costs. Miso

Melo (Chairman), Vitug, Panganiban, and Gonzaga-Reyes, JJ., concur.