Case Digest (G.R. No. L-48594)
Facts:
Generoso Alano v. Employees Compensation Commission, G.R. No. L-48594, March 16, 1988, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.
Petitioner Generoso C. Alano (brother of the deceased) filed a claim for death benefits with the Government Service Insurance System (GSIS) on June 27, 1977 for the children of Dedicacion de Vera, a government employee who served as principal of Salinap Community School in San Carlos City, Pangasinan. The Commission’s administrative findings state that Ms. de Vera’s tour of duty was 7:30 a.m. to 5:30 p.m.; on November 29, 1976 at about 7:00 a.m., while waiting at Plaza Jaycee for a ride to school, she was struck and run over by a speeding mini-bus and died instantaneously. She was survived by four sons and a daughter.
GSIS denied the claim on the same date it was filed, concluding that the injury was not an employment accident satisfying the conditions in the Amended Rules on Employees’ Compensation; a reconsideration request dated July 19, 1977 was likewise denied. The petitioner elevated the case to the Employees’ Compensation Commission (ECC) for review; the ECC affirmed GSIS’s denial, applying Section I(a), Rule III of the Amended Rules which requires that compensable injuries be (1) sustained during working hours, (2) at the place where the work requires the employee to be, and (3) while performing official functions. The ECC found the accident occurred thirty minutes before working hours, at a plaza rather than the workplace, and while Ms. de Vera was not performing official functions or on a special errand.
Petitioner filed a petition for review on certiorari with the Supreme Court under Rule 45, challenging the EC...(Subscriber-Only)
Issues:
- Is the Government Service Insurance System’s non-impleader as a party fatal to the petition?
- Was the death of Dedicacion de Vera a compensable employment accident arising out of and in the course of her...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)