G.R. No. 89217 - Nitura vs. Employees' Compensation Commission

Pfc. Regino S. Nitura was a soldier in the Philippine Army.
He entered military service on October 5, 1978, and was assigned to the "D" Company, 44th Infantry Battalion, 1st Infantry Division (TABAK Division), stationed at Basagan, Katipunan, Zamboanga del Norte.
At the time of his death on March 3, 1986, he was still on active duty.

On the evening of March 2, 1986, Pfc. Nitura was given an order by his Battalion Commander, Col. Loreto M. Deus, to proceed to Barangay San Jose, Dipolog City to check on personnel of his unit who were attending a dance party.
While returning from Barangay San Jose, he crossed a hanging wooden bridge connecting Barangay San Jose and Barangay Basagan.
During the crossing, he fell from the bridge and suffered a head injury as his head hit the stony ground.
His death certificate cited “cardio-respiratory arrest, shock, traumatic due to hemorrhage, intracranial due to severe concussion of the brain due to accidental fall” as the cause of death.

Petitioner Juanita Nitura, the mother of the deceased, filed a death claim with the Government Service Insurance System (GSIS) for benefits under Presidential Decree No. 626, as amended.
In a letter dated October 27, 1986, GSIS denied the claim on the ground that the injury (and subsequent death) did not occur as a result of an accident arising out of and in the course of employment.
A subsequent request for reconsideration was likewise denied on the basis that the deceased was not at his workplace nor engaged in performing his official duties when the accident occurred.

On July 15, 1987, the claim was elevated to the Employees’ Compensation Commission (ECC) as ECC Case No. 3470.
The ECC affirmed the denial of petitioner’s claim.

ECC maintained that the deceased was returning from a dance party—a recreational activity not connected to his official duties.
It was further argued that even if the deceased had been performing an official function, his intoxication and alleged notorious negligence in crossing the bridge would bar his compensation.

The Battalion Commander’s affidavit confirmed the directive to check on personnel at the dance party but failed to elucidate if the check was strictly for official purposes.
The incident occurred during a period when the deceased was not on approved vacation leave nor on an overnight pass, implying his continuous active duty status.
A Line of Duty Board of Officers convened on March 4, 1986, found that Pfc. Nitura was performing his official duty at the time of the incident.
General Orders No. 109, dated November 19, 1986, declared his death as “in Line of Duty.”
Subsequently, orders were issued to the Philippine Veterans Affairs Office for the payment of death gratuity under Republic Act No. 610, as amended.

Whether the death of Pfc. Regino S. Nitura is compensable under the provisions of Presidential Decree No. 626, as amended.

Determining if the incident occurred “in the course of employment” despite the fact that the deceased had been at a dance party.
Assessing if the instruction to check on personnel was an official directive mingled with his duty, thereby creating a nexus between his employment and the incident.

Whether the factors of intoxication and alleged notorious negligence should preclude compensation.

Examining if intoxication, by itself, or combined with negligent behavior, was the proximate cause of his death.
Evaluating if the defense based on intoxication met the burden of proof as required by existing case law.