Case Digest (G.R. No. 182836) Core Legal Reasoning Model
Facts:
In Continental Steel Manufacturing Corporation v. Hon. Accredited Voluntary Arbitrator Allan S. MontaAo and Nagkakaisang Manggagawa ng Centro Steel Corporation–Solidarity of Unions in the Philippines for Empowerment and Reforms (NMCSC-SUPER) (G.R. No. 182836, October 13, 2009), Rolando P. Hortillano, an employee of Continental Steel and member of the Union, filed on January 9, 2006 a grievance for paternity leave, bereavement leave, and death and accident insurance under the parties’ Collective Bargaining Agreement (CBA). Article X, Section 2 of the CBA granted seven to eleven days’ paid bereavement leave for the death of a “legitimate dependent,” and Article XVIII, Section 4.3 provided ₱11,550 for the same. Hortillano claimed these benefits due to the death of his unborn child during premature labor at the 38th week, as certified by a fetal death certificate dated January 7, 2006. Continental Steel granted paternity leave but denied bereavement and insurance benefits on the gr
Case Digest (G.R. No. 182836) Expanded Legal Reasoning Model
Facts:
- Parties and Collective Bargaining Agreement (CBA)
- Continental Steel Manufacturing Corporation (Continental Steel) is the employer; Nagkakaisang Manggagawa ng Centro Steel Corporation-Solidarity of Unions in the Philippines for Empowerment and Reforms (Union) is the labor organization.
- Rolando P. Hortillano (employee and Union member) filed on 9 January 2006 claims under the CBA for paternity leave, bereavement leave, and death and accident insurance.
- Birth and death of the unborn child and grievance proceedings
- On 5 January 2006, Mrs. Hortillano suffered a premature delivery in the 38th week; Certificate of Fetal Death (7 January 2006) attributed death to fetal anoxia secondary to uteroplacental insufficiency.
- Continental Steel granted paternity leave but denied bereavement leave and death benefits (Article X, Sec. 2 and Article XVIII, Sec. 4.3 of the CBA).
- The Union exhausted internal grievance steps, then filed a Notice to Arbitrate before the NCMB-DOLE NCR; by Submission Agreement (9 October 2006) the sole issue was entitlement to bereavement leave and death benefits for the unborn child’s death.
- Arbitration and appeals
- Accredited Voluntary Arbitrator Atty. Allan S. Montaño conducted conferences; parties submitted Position Papers, Replies, and Rejoinders.
- By Resolution (20 November 2007), the Arbitrator ordered Continental Steel to pay Hortillano ₱4,939.00 (bereavement leave) and ₱11,550.00 (death benefits), finding the unborn child’s death qualified as the death of a legitimate dependent.
- Continental Steel’s Petition for Review on Certiorari was denied by the Court of Appeals (Decision 27 February 2008; Resolution 9 May 2008), which affirmed the Arbitrator’s award.
Issues:
- Whether the death of an unborn child, which has not acquired juridical personality, constitutes “death of a legitimate dependent” under Article X, Section 2 and Article XVIII, Section 4.3 of the CBA, entitling the employee to bereavement leave and death benefits.
- Whether the CBA terms “death” and “dependent” must be interpreted in their strict legal sense—i.e., requiring juridical personality—thereby excluding fetal death from coverage.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)