Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1988 > March 1988 Decisions > G.R. No. L-48594 March 16, 1988 - GENEROSO ALANO v. EMPLOYEES’ COMPENSATION COMMISSION:




PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

[G.R. No. L-48594. March 16, 1988.]

GENEROSO ALANO, Petitioner, v. EMPLOYEES’ COMPENSATION COMMISSION, Respondent.


SYLLABUS


1. LABOR AND SOCIAL LEGISLATIONS; EMPLOYEES COMPENSATION ACT; CLAIM FOR COMPENSATION; DEATH COMPENSABLE WHERE IT OCCURRED AT A POINT REASONABLY PROXIMATE TO PLACE OF WORK WHILE DOING TO AND FROM HIS WORK; CASE AT BAR. — The petitioner alleges that the deceased’s accident has "arisen out of or in the course of her employment." The respondent Commission reiterates its views and contends that the present provision of law on employment injury is different from that provided in the old Workmen’s Compensation Act (Act 3428) and is "categorical in that the injury must have been sustained at work while at the workplace, or elsewhere while executing an order from the employer." We rule in favor of the petitioner. It is not disputed that the deceased died while going to her place of work. She was at the place where, as the petitioner puts it, her job necessarily required her to be if she was to reach her place of work on time. There was nothing private or personal about the school principal’s being at the place of the accident. She was there because her employment required her to be there.

2. ID.; ID.; GOVERNMENT SERVICE INSURANCE SYSTEM; PROPER PARTY IN COMPENSATION CASES AND FAILURE TO IMPLEAD IT IS CONSIDERED NOT FATAL. — As to the Government Service Insurance System’s manifestation, we hold that it is not fatal to this case that it was not impleaded as a party Respondent. As early as the case of La O v. Employees’ Compensation Commission, (97 SCRA 782) up to Cabanero v. Employees’ Compensation Commission (111 SCRA 413) and recently, Clemente v. Government Service Insurance System (G.R. No. L-47521, August 31, 1987), this Court has ruled that the Government Service Insurance System is a proper party in employees’ compensation cases as the ultimate implementing agency of the Employees’ Compensation Commission. We held in the aforecited cases that "the law and the rules refer to the said System in all aspects of employee compensation including enforcement of decisions (Article 182 of Implementing Rules)."


D E C I S I O N


GUTIERREZ, JR., J.:


The only issue in this case is whether or not the injury sustained by the deceased Dedicacion de Vera resulting in her death is compensable under the law as an employment accident.

The facts as found by the respondent Employees’ Compensation Commission are as follows:jgc:chanrobles.com.ph

"Dedicacion de Vera, a government employee during her lifetime, worked as principal of Salinap Community School in San Carlos City, Pangasinan. Her tour of duty was from 7:30 a.m. to 5:30 p.m. On November 29, 1976, at 7:00 A.M., while she was waiting for a ride at Plaza Jaycee in San Carlos City on her way to the school, she was bumped and run over by a speeding Toyota mini-bus which resulted in her instantaneous death. She is survived by her four sons and a daughter.

"On June 27, 1977, Generoso C. Alano, brother of the deceased, filed the instant claim for income benefit with the GSIS for and in behalf of the decedent’s children. The claim was, however, denied on the same date on the ground that `the injury upon which compensation is being claimed is not an employment accident satisfying all the conditions prescribed by law.’ On July 19, 1977 appellant requested for a reconsideration of the system’s decision, but the same was denied and the records of the case were elevated to this Commission for review." (Rollo, p. 12)

The respondent Commission affirmed the decision of the Government Service Insurance System. It stated that Section I (a), Rule III of the Amended Rules on Employees’ Compensation specifically provides that: "For the injury and the resulting disability or death to be compensable, the injury must be the result of an employment accident satisfying all the following conditions: (1) The employee must have sustained the injury during his working hours; (2) The employee must have been injured at the place where his work requires him to be; and (3) The employee must have been performing his official functions." (Rollo, p. 13)

According to the respondent Commission, the deceased’s accident did not meet any of the aforementioned conditions. First, the accident occurred at about 7:00 a.m. or thirty minutes before the deceased’s working hours. Second, it happened not at her workplace but at the plaza where she usually waits for a ride to her work. Third, she was not then performing her official functions as school principal nor was she on a special errand for the school. The case, therefore, was dismissed.

The petitioner then went to this Court on petition for review on certiorari. He alleges that the deceased’s accident has "arisen out of or in the course of her employment."cralaw virtua1aw library

The respondent Commission reiterates its views and contends that the present provision of law on employment injury is different from that provided in the old Workmen’s Compensation Act (Act 3428) and is "categorical in that the injury must have been sustained at work while at the workplace, or else where while executing an order from the employer." (Rollo, p. 44)

The Government Service Insurance System which received a copy of the Court’s resolution requiring the parties to submit their memoranda, however manifests that it does not appear to be a party to the case because it had not been impleaded as a party thereto.

We rule in favor of the petitioner.

This case does not come to us with a novel issue. In the earlier case of Vda. de Torbela v. Employees’ Compensation Commission (96 SCRA 260, 263, 264) which has a similar factual background, this Court held:jgc:chanrobles.com.ph

"It is a fact that Jose P. Torbela, Sr. died on March 3, 1975 at about 5:45 o’clock in the morning due to injuries sustained by him in a vehicular accident while he was on his way to school from Bacolod City, where he lived, to Hinigaran, Negros Occidental where the school of which he was the principal was located and that at the time of the accident he had in his possession official papers he allegedly worked on in his residence on the eve of his death.

"The claim is compensable. When an employee is accidentally injured at a point reasonably proximate to the place at work, while he is going to and from his work, such injury is deemed to have arisen out of and in the course of his employment."cralaw virtua1aw library

In this case, it is not disputed that the deceased died while going to her place of work. She was at the place where, as the petitioner puts it, her job necessarily required her to be if she was to reach her place of work on time. There was nothing private or personal about the school principal’s being at the place of the accident. She was there because her employment required her to be there.

As to the Government Service Insurance System’s manifestation, we hold that it is not fatal to this case that it was not impleaded as a party Respondent. As early as the case of La O v. Employees’ Compensation Commission, (97 SCRA 782) up to Cabanero v. Employees’ Compensation Commission (111 SCRA 413) and recently, Clemente v. Government Service Insurance System (G.R. No. L-47521, August 31, 1987), this Court has ruled that the Government Service Insurance System is a proper party in employees’ compensation cases as the ultimate implementing agency of the Employees’ Compensation Commission. We held in the aforecited cases that "the law and the rules refer to the said System in all aspects of employee compensation including enforcement of decisions (Article 182 of Implementing Rules)."cralaw virtua1aw library

WHEREFORE, the decision of the Employees’ Compensation Commission appealed from is hereby SET ASIDE and the Government Service Insurance System is ordered to pay the heirs of the deceased the sum of Twelve Thousand Pesos (P12,000.00) as death benefit and the sum of One Thousand Two Hundred Pesos (P1,200.00) as attorney’s fees.

SO ORDERED.

Fernan, Feliciano, Bidin and Cortes, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





March-1988 Jurisprudence                 

  • G.R. No. L-59118 March 3, 1988 - JUAN DIZON, ET AL. v. VICENTE EDUARDO, ET AL.

  • G.R. No. L-24054 March 7, 1988 - IN RE: MARTIN NG

  • A.C. No. 140-J March 8, 1988 - AMBROSIO SABAYLE v. TEODULO C. TANDAYAG, ET AL.

  • G.R. No. L-62089 March 9, 1988 - PASCUAL MENDOZA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-38999 March 9, 1988 - OSCAR HONORIO v. GABRIEL DUNUAN

  • G.R. No. L-37707 March 9, 1988 - PEOPLE OF THE PHIL. v. MARIQUITA J. CAPARAS, ET AL.

  • A.M. No. R-612-MTJ March 10, 1988 - ARNULFO F. LIM, ET AL. v. SIXTO S. SEGUIBAN

  • G.R. No. 78470 March 11, 1988 - PEOPLE OF THE PHIL. v. CARLOS DE LA CRUZ

  • G.R. No. 34313 March 11, 1988 - SALVADOR ASCALON, ET v. COURT OF APPEALS, ET AL.

  • G.R. No. 77188 March 14, 1988 - CELSO BONGAY, ET AL. v. CONCHITA J. MARTINEZ

  • G.R. No. L-57204 March 14, 1988 - FORTUNATO BORRE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-56613 March 14, 1988 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. L-55222 March 14, 1988 - LILIA CAÑETE, ET AL. v. GABRIEL BENEDICTO

  • G.R. No. L-53194 March 14, 1988 - PHILIPPINE NATIONAL BANK v. ROMULO S. QUIMPO, ET AL.

  • G.R. No. L-47398 March 14, 1988 - PEOPLE OF THE PHIL. v. MARTIN CAYAGO, ET AL.

  • G.R. No. L-42964 March 14, 1988 - PEOPLE OF THE PHIL. v. FRANCISCO ESCABARTE, ET AL.

  • G.R. No. L-39383 March 14, 1988 - PEOPLE OF THE PHIL. v. CATALINO B. GUTIERREZ, JR.

  • G.R. No. 77194 March 15, 1988 - VIRGILIO GASTON, ET AL. v. REPUBLIC PLANTERS BANK, ET AL.

  • G.R. No. 74122 March 15, 1988 - GUILLERMO NACTOR, ET AL. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • A.C. No. 2756 March 15, 1988 - PRUDENTIAL BANK v. JOSE P. CASTRO, ET AL.

  • G.R. No. 77869 March 16, 1988 - EMILIO ENRIQUEZ v. FORTUNA MARICULTURE CORPORATION

  • G.R. No. L-61553 March 16, 1988 - PONCIANO ESMERIS v. RODOLFO A. ORTIZ

  • G.R. No. L-52824 March 16, 1988 - REYNALDO BAUTISTA v. AMADO C. INCIONG, ET AL.

  • G.R. No. L-48594 March 16, 1988 - GENEROSO ALANO v. EMPLOYEES’ COMPENSATION COMMISSION

  • G.R. No. L-48157 March 16, 1988 - RICARDO QUIAMBAO v. ADRIANO OSORIO, ET AL.

  • G.R. No. L-47148 March 16, 1988 - PEOPLE OF THE PHIL. v. FABIAN QUILO

  • G.R. No. L-41358 March 16, 1988 - ABELARDO APORTADERA, SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-39083 March 16, 1988 - PEOPLE OF THE PHIL. v. BENJAMIN ANIÑON

  • G.R. No. L-36388 March 16, 1988 - COMMISSION ON ELECTIONS v. MANUEL V. ROMILLO, JR.

  • G.R. No. L-36220 March 16, 1988 - REPUBLIC OF THE PHIL, ET AL. v. FRANCISCO MA. CHANCO

  • G.R. No. L-36136 March 16, 1988 - PEOPLE OF THE PHIL. v. AVELINO B. ISAAC

  • G.R. No. L-28141 March 16, 1988 - HONORATA B. MANGUBAT v. ANTONIO J. VILLEGAS

  • G.R. No. L-75160 March 18, 1988 - LEONOR FORMILLEZA v. SANDIGANBAYAN

  • G.R. No. L-54159 March 18, 1988 - REPUBLIC OF THE PHILIPPINES v. GLICERIO V. CARRIAGA, JR.

  • G.R. No. L-53776 March 18, 1988 - SILVESTRE CAÑIZA v. PEOPLE OF THE PHIL.

  • G.R. No. L-34959 March 18, 1988 - PHILIPPINE COMMERCIAL AND INDUSTRIAL BANK v. COURT OF APPEALS

  • G.R. No. L-34500 March 18, 1988 - MOISES OLIVARES v. CARLOS V. GONZALES

  • G.R. No. L-33924 March 18, 1988 - MARIA BALAIS v. BUENAVENTURA BALAIS

  • A.M. No. R-66-RTJ March 18, 1988 - CONSOLIDATED BANK AND TRUST CORPORATION v. DIONISIO M. CAPISTRANO

  • G.R. No. L-80879 March 21, 1988 - HONORIO SAAVEDRA, JR. v. SECURITIES AND EXCHANGE COMMISSION

  • G.R. No. L-73380 March 21, 1988 - MARTE SACLOLO v. INTERMEDIATE APPELLATE COURT

  • G.R. Nos. L-72335-39 March 21, 1988 - FRANCISCO S. TATAD v. SANDIGANBAYAN

  • G.R. No. L-63155 March 21, 1988 - PEOPLE OF THE PHIL. v. CASTULO CORECOR

  • G.R. No. L-45785 March 21, 1988 - EDUARDO LAGINLIN v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-35506 March 21, 1988 - CHRISTOFER TEJONES v. LEOPOLDO B. GIRONELLA

  • G.R. No. L-71413 March 21, 1988 - D.M. CONSUNJI, INC. v. SEVERO M. PUCAN

  • G.R. No. L-82082 March 25, 1988 - INSULAR BANK OF ASIA AND AMERICA v. EPIFANIA SALAZAR

  • G.R. No. L-78671 March 25, 1988 - TIRZO VINTOLA v. INSULAR BANK OF ASIA AND AMERICA

  • G.R. Nos. L-77850-51 March 25, 1988 - JUAN L. DUNGOG v. COURT OF APPEALS

  • G.R. No. L-75390 March 25, 1988 - PEOPLE OF THE PHIL. v. DANILO VALDEZ

  • G.R. No. L-74331 March 25, 1988 - REPUBLIC OF THE PHILIPPINES v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-74211 March 25, 1988 - P.E. DOMINGO & CO., INC. v. REMIGIO E. ZARI

  • G.R. No. L-73564 March 25, 1988 - CORNELIA CLANOR VDA. DE PORTUGAL v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-73534 March 25, 1988 - PEOPLE OF THE PHIL. v. FEDERICO ROSARIO

  • G.R. No. L-71122 March 25, 1988 - COMMISSIONER OF INTERNAL REVENUE v. ARNOLDUS CARPENTRY SHOP, INC.

  • G.R. No. L-57268 March 25, 1988 - MANILA MIDTOWN COMMERCIAL CORP. v. NUWHRAIN (Ramada Chapter)

  • G.R. No. L-52008 March 25, 1988 - LEONOR G. CASTILLO v. COURT OF APPEALS

  • G.R. No. L-51777 March 25, 1988 - PEOPLE OF THE PHIL. v. RODOLFO B. MUSTACISA

  • G.R. No. L-45772 March 25, 1988 - PEOPLE OF THE PHIL. v. EDUARDO MONTENEGRO

  • G.R. No. L-44587 March 25, 1988 - AMADO BUENAVENTURA v. COURT OF APPEALS

  • G.R. No. L-41970 March 25, 1988 - CENON MEDELO v. NATHANAEL M. GOROSPE

  • G.R. No. L-31245 March 25, 1988 - PEOPLE OF THE PHIL. v. CLARO LAURETA, JR.

  • G.R. No. L-30240 March 25, 1988 - REPUBLIC OF THE PHILIPPINES v. JAIME DE LOS ANGELES

  • G.R. No. L-77049 March 28, 1988 - MANUEL B. OSIAS v. JAIME N. FERRER

  • G.R. No. L-74992 March 28, 1988 - HEIRS OF LUISA VALDEZ v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-74799 March 28, 1988 - PEOPLE OF THE PHIL. v. VIVENCIO D. TUAZON

  • G.R. No. L-73451 March 28, 1988 - JUANITA YAP SAY v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-47203 March 28, 1988 - LUCIO MUTIA v. COURT OF APPEALS

  • G.R. No. L-39810 March 28, 1988 - CARLOS LLORAÑA v. TOMAS LEONIDAS

  • G.R. No. L-38569 March 28, 1988 - B.F. GOODRICH PHILIPPINES, INC. v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-35696 March 28, 1988 - ARSENIO OFRECIO v. TOMAS LISING

  • G.R. No. L-34568 March 28, 1988 - RODERICK DAOANG v. MUNICIPAL JUDGE, SAN NICOLAS, ILOCOS NORTE

  • G.R. No. L-34492 March 28, 1988 - MIGUEL GUERRERO v. AUGUSTO M. AMORES

  • G.R. No. L-32339 March 29, 1988 - PHOENIX PUBLISHING HOUSE, INC. v. JOSE T. RAMOS

  • G.R. No. L-76185 March 30, 1988 - WARREN MANUFACTURING WORKERS UNION v. BUREAU OF LABOR RELATIONS

  • G.R. No. L-59913 March 30, 1988 - NATIONAL HOUSING AUTHORITY v. MANUEL E. VALENZUELA

  • G.R. No. L-50884 March 30, 1988 - PEOPLE OF THE PHIL. v. FILOMENO SALUFRANIA

  • G.R. No. L-50320 March 30, 1988 - PHILIPPINE APPAREL WORKERS UNION v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-49536 March 30, 1988 - PEOPLE OF THE PHIL. v. FELIX RESAYAGA

  • G.R. No. L-45770 March 30, 1988 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS

  • G.R. No. L-34672 March 30, 1988 - UNITED CHURCH BOARD FOR WORLD MINISTRIES v. ALEJANDRO E. SEBASTIAN

  • G.R. No. L-33492 March 30, 1988 - PEOPLE OF THE PHIL. v. EFREN MERCADO

  • G.R. No. L-26348 March 30, 1988 - TRINIDAD GABRIEL v. COURT OF APPEALS