Académique Documents
Professionnel Documents
Culture Documents
2) CLEMENTE vs. This is a petition to review the decision of the GSIS denied the claim for death benefits
GSIS & ECC, GR NO. ECC which affirmed the decision of GSIS which which the ECC concurred as the ailments
47521, 07.31.87 denied the claim for death benefits filed by of the deceased were not occupational
Carolina Clemente, widow of the late Pedro diseases (uremia due to nephritis & portal
Clemente, a janitor for 10 years in the DOH, cirrhosis and leprosy) taking consideration
Dagupan City, assigned @ the Ilocos Norte Skin of the nature of his work.
Clinic, Laoag City. Pedro Clemente died last Nov.
14, 1978 due to uremia.
3) HILARIA A petition for review on the decision of the ECC GSIS denied the claim for death benefits
DABATIAN vs. GSIS, dated 06.27.77 which affirmed the decision of which was also concurred by the ECC, as
GR NO. L-47294, the GSIS denying the claim for death benefits of the cause of death was not considered as
04.08.87 Hilaria Dabatian, widow of the late Sigfredo A. an occupational disease; neither was
Dabatian who died last July 3, 1976 due to there a showing that such disease was
peptic ulcer. The deceased was employed as directly caused by his employment and
Garbage Truck Driver in the General Services that the risk of contracting the same was
Dept. of the City Government of CDOC increased by the working conditions
attendant to the deceased's employment.
4) GSIS vs, CIVIL Baradero & Belo moved for reconsideration the GSIS denied the claims of both Baradero &
SERVICE SC ruling dated 10.28.94 that services rendered Belo as their services rendered thru per
COMMISSION & DR. on a "per diem" may be creditable for diem basis are not creditable in computing
MANUEL retirement purposes as granted by the ruling of the length of service for retirement
BARADERO AND the Civil Services Commission. purposes. CSC reversed the GSIS ruling
MATILDE S. BELO, and ordered them to consider in the
GR NO. 98395 & retirement benefits computation the
102449 / 06.19.95 services rendered through per diem.
5) RUFINA A petition for CERTIORARI praying for the GSIS denied petitioner's claim for death
TANCINCO vs. GSIS reversal of the rulings & decision of the GSIS, benefits on the ground that there was no
& ECC, GR NO. ECC & CA which denied the granting of death proof that her husband's death was work-
132916 / 11.16.01 benefits claimed by the widow of PNP-SPO1 related; SPO1 TANCINCO was off-duty at
Eddie G. Tancino, a closed-in security personnel the time of the shooting as VP Estrada was
of VP Estrada who was shot dead by 5 armed then in the US for medical treatment. Both
men in front of his house in Brgy. Palanas, the ECC & CA denied both appeals and MR
Lemery, Batangas last July 17, 1995 while of said petitioner.
repairing his service vehicle.
6) GENEROSO Issue - WON the injury sustained by the Her brother, Generoso Alano filed the
ALANO vs. ECC, GR deceased, Dedicacion de Vera resulting in her instant claim for income & death benefits
NO. L48594 / death is compensable under the law as an with the GSIS which was denied on June
03.16.88 employment-related accident. She was a 27, 1977 as it was not an employment
government employee in her lifeftime as a related accident. A Motion for
Principal of Salinap Community School in San Reconsideration was filed but also denied
Carlos, Pangasinan. On Nov. 29, 1976, while on July 19, 1977; which was then elevated
waiting for a ride @ Plaza Jaycee, on her way to to the ECC, which affirmed the GSIS
school was bumped and ran over by a speeding decision, based on the the following: 1)
Toyota Mini-Van which resulted to her such injury was not sustained during the
instantaneous death. working hours; 2) employee must be
injured at the place of work; 3) must be
performing his/her official functions.
7) MANUEL ISSUE - claim for death benefits for the death of On Feb. 14, 1984 - GSIS denied the claim
BELARMINO vs. ECC Oania Belarmino, a classroom teacher of which when appealed to the ECC was also
& GSIS, GR NO. DECS/Buracan Elem. School in Dimasalang, denied as the cause of death was not work
90204 / 05.11.90 Masbate. The deceased has been a classroom related as the alleged accident have not
teacher for 11 years, since Oct. 18, 1971. On precipitated the death but caused rather
Jan. 14, 1982 @ 9AM while performing her with the infection of her lacerated wounrs
duties as a classroom teacher accidentally as a result of her delivery at home.
slipped and fell on the classroom floor. She was
then on her 8-month of her pregnancy. She did
not take her leave absence and conitnued to
work, and, after 11 days from her accident, she
prematurely delivered a baby girl at their
house. She died later on Feb. 19, 1982 and the
cause of death was "septicemia post partum"
due to infectious lacerations at the vagina.
8) GLICERIA C. ISSUE- Petition to review the GSIS decision GSIS & ECC denied the calim for death
CASUMPANG vs. denying the death benefit claim of the benefit as the cause of death was not
ECC & GSIS, GR NO. petitioner, Gliceria C. Casumpang, widow of the occupationally acquired nor worked
48664 / 05.20.87 late Jose Casumpang who died due to stomach related.
cancer, then working as a Prison Guard of the
bureau of Prisons, at San Ramon Prison and
Penal Farm, Zamboanga City.
9) ECC & GSIS vs. CA LILIA S ARREOLA, was emploed with NBI since GSIS denied the benefit claim on June 17,
& LILIA S. ARREOLA, March 23, 1972 and rose thru the rank from 1993 as it was not consdered as an
GR NO. 121545 / Chem. Lab. Technician and became Engineer II. occupational related disease; which the
11.14.96 On May 18, 1993, she went operations for ECC also confirmed and affirmed last Dec.
Ureterolithiasis (L) S/P Ureterolithomy (L) which 2, 1993. The Court of Appeals rendered a
she expended medical & hospital bill amounting decision favoring the respondent Arreola
to Ps. 16,019.00. She filed an application benefit and ordered both GSIS & ECC to pay the
under PD no. 626 last June 16, 1993 claimed benefits.
10) EMELITA ENAO A petition for review on the decision oF the ECC Both GSIS (02.27.76) & ECC (10.26.76)
vs. ECC & GSIS, GR & GSIS, dated 10.26.76 which denied the claim denied the claim of the Petitioner as the
NO. L-46046 / for compensation of benefits due to injuries incident happened or her rest day and as
04.05.85 sustained by the petitioner (Emelita Enao - a such said accident did not happen at the
school teacher of Sergio Osmena, Sr, time and place of work, and the other fact
Zamboanga del Norte) on 08.01.75 while on her that she was not in the performance of
way to Dipolog City for the purpose of her official function; the Court of Appeals
purchasing school supplies and other trainig granted the petitioner's, Enao's petition
aids for her office, when she and together with for benefit claim.
other person were ambushed by unidentified
men believed to be communist insurgents.
11) RUTH JIMENEZ A petition for review the decision of the ECC GSIS denied the benefit claims which was
vs. ECC & GSIS, GR dated August 20, 1981 which affirmed the GSIS affirmed by the ECC on the ground that his
NO. 58176 / ruling denying petitioner's claim for death death was not compensable for the reason
03.23.84 benefits of the late, Alfredo Jimenez under PD that the injury/sickness was not due to the
No. 626. The deceased is a constable of the phil. circumstances of the employment or in its
Constabulary since June 1969. While he and his performance of the duties and
wife were on board a bus from Tuguegarao to responsibilities of said employment.
Anulung, Cagayan, while seated on the left side
of the bus, fell from the bus when it made
asudden stop. He was confined and had series
of hospitalization and later died due to
"bronchogenic carcinoma-malignant tumor of
the lungs" on May 12, 1980.
12) SALVADOR LAZO This is an appeal from the decision of the ECC GSIS denied the claim for benefits which
vs. ECC / GSIS & BSP, which affirmed the dismissal of the petitioner's was affirmed by the ECC, since the
GR NO. 78617 / claim for compensation against the GSIS, re: accident which involved the petitioner
06.18.90 disability benefits. Salvador Lazo a BSP security occurred far from his work place and
guard, whose work shift is from 2pm to 10pm. while he was attending to a personal
On June 19, 1986 after rendering overtime, on matter..
his way home to Binangonan, Rizal, at around
6am the PUJ he was riding turned-turtle due to
slippery road. As a result he sustained injuries &
was taken to the Angono Emergency Hospital
and later at the National Orthopedic Hospital
from 06/19/86 up to 07/25/86.
13) GLORIA D. PETITIONER, Gloria D. Menez is a DECS school GSIS denied the claim which was affirmed
MENEZ vs. ECC / teacher who early retired @ 54 years old due to by the ECC as the disability claim is non-
GSIS & DECS, GR disability (rheumatoid arthritis & pneumonitis) compensable.
NO. L-48488 / after 32 years last 08/31/75.
04.25.80
14) AMALIA Petitioner Amalia Nazaro, widow of the late GSIS denied the benefits claim on the
NARAZO vs. ECC & Geronimo Narazo petitioned to review the ground that the cause of death is not
GSIS (Provincial decision of the ECC denying the claim for listed as an occupational disease. On
governor's Office, compensation benefits, under PD No. 626 for appeal with the ECC, it affirmed the GSIS
Negros Occidental), the death benefits of Geronimo. On May 14, decision.
GR NO. 80157 / 1984 - Geronimo died at the age of 57 due to
02.06.90 "benign prostatic hypertrophy" commonly
known as "Uremia".
15) VENUSTO Motion for Reconsideration filed by GSIS / ECC GSIS & ECC ruled and denied the claim for
PANOTES vs. ECC / regarding the SC decisiondated March 29, 1984 benefits for death, medical and hospital
GSIS & MECS, GR whichruled granting compensation benefits to expenses, funeral expenses & attorney's
NO. L-64802 / petitioner Venusto Panotes for the death ofhis fees.
09.23.85 wife Agustina G. Panotes who died of colon
cancer which was considered by the SC as
having been contracted due to or at least the
risk of contracting the same had been increased
by the working conditions to which the
deceased had been subjected as a public school
teacher.
16) ZAIDA G. RARO PETITIONER claim for disability benefits for Her claim for disability benefits were
vs. ECC & GSIS & suffering from "brain tumor" as diagnosed by denied by the GSIS and was affirmed by
BUREAU OF MINES the Makati Medical Center. Zaida G. Raro works the ECC as her disease or ailment is non-
& GEO-SCIENCES, as a clerk at the Bureau of Mines and Geo- compensable or not listed as an
GR NO. L-58445 / sciences @ Daet, Camarines Sur since March occupational disease.
04.27.89 17, 1975. About 4 years later, she was
experiencing from severe & recurrent
headaches coupled with blurring vision.
17) NICETAS C. Petitioner, Nicetas C. Rodriguez widow of the Both GSIS & ECC denied the claim for
RODRIGUEZ vs. late Hector P. Rodriguez, a public schol teacher death benefits as the cause of death is not
ECC / GSIS & Bureau of Salaan Elementary School, Pangasinan who considered as an occupational disease as
of Elementary died last Nov. 27, 1975 due to colon cancer. the nature of his work and duties as a
Education, GR NO. Petitioner filed a claim for death compensation teacher as well as the working conditions
-4645 4 / 09.28.89 with GSIS which was denied. of his employment could not have directly
caused his ailment which eventuated in
his subsequent death.
18) EMILIA VDA. DE A review is sought on the decision of the ECC GSIS denied the death benefit claim ehich
INGUILLO vs. ECC & which affirmed the ruling of the GSIS denying was also affirmed by the ECC.
GSIS (MECS), GR the claim for death benefits by the widow,
NO. L-51543 / Emilia vda. De Inguillo of a public school janitor,
06.06.89 Enrique V. Inguillo who died of cancer of the
esophagus & pneumonia. He has been working
for 31 years at the Emilio Jacinto Elementary
School in Tondo, Manila.
19) BATANGAS Bus driver while driving the bus was suddenly
TRANSPORATION attacked by his assailant who boarded the bus
CO. vs JOSEFINA DE and thereafter stabbed him.
RIVERA, ET. AL., GR
NO. L-7658 /
05.08.56
21) GAUDENCIO T. ISSUE: WON - Gaudencio T. Cena, a Registrar of LRA Administrator sought the ruling of the
CENA vs. CSC & the Register of Deeds of Malabon, Metro Civil Service Commission (CSC) which the
HON. PATRICIA A. Manila who has reached the compulsory CSC denied petitioner's request for
STO. TOMAS, AS CSC retirement age of 65 years, but who has extension of service unless the LRA Head
CHAIRPERSON, GR rendered only 11 years, 9 months and 6 days of Office sought retention for another year
NO. 97419 / government service be allowed to continue under CSC Memorandum Circular No. 27,
07.03.92 service to complete the 15-year service s 1990.
requirement to enable him to retire with the
benefits of an old-age pension under Revised
Govt. insurance Act of 1977.
22) CHUA YENG vs. APPEAL of the employer Chua Yeng to the The WCC ruled & awarded compensation
MICHAELA ROMEO Workmen's Compensation Commission (WCC) to the beneficiaries; as the Act being a
& HER MINOR on its resolution en banc dated Dec. 4, 1958 Social Legislation and in line with the
CHILDREN, which awarded compensation for the death of intent of the law to effect social justice,
GUADALUPE, PILAR, Santos Romeo who was bitten by a puppy theprovisions thereof should be liberally
ROSARIO, (hydrophobia) which caused his death. Santos construed in favor of the workingman.
CORNELIO 7 Romeo was a copra cargador of Chua Yeng's
GERARDO, GR NO. warehouse @ C. Padilla Street, Cebu City.
-14827 / 10.31.60
23) DAVAO GULF Review of a decision of the Workmen's On November 11, 1967, the DOLE
LUMBER CORP. vs. Compensation Commission (WCC) which Regional Office 11, denied compensation
HON. N BAENS DEL awarded compensation. On Sept. 20, 1967, the on the claim of the widow, Flaviana A.
ROSARIO ET. AL., GR truck of Davao Gulf Lumber Corp. carrying some Soriano having found the driver guilty of
NO. L-15978 / lumber from its sawmill to Davao City notorious negligence by the hearing
12.29.60 overturned on the road. Vicente Soriano, its officer. On appeal with the Chairman of
driver, was killed instantly together with his son, the WCC awarded the compensation
Vicente Soriano, Jr. which the DGLC moved for consideration.
24) ILOILO DOCK & This is an appeal by the IDECO from the This is an appeal by the IDECO from the
ENGINEERING CO. decision of the WCC affirming the decision of decision of the WCC affirming the decision
vs. WCC & IRENEA the Regional Office VII in Iloilo City which of the Regional Office VII in Iloilo City
M. PABLO AND HER ordered the IDECO to pay to the widow and which ordered the IDECO to pay to the
MINOR CHILDREN - children of Teodoro G. Pablo the required widow and children of Teodoro G. Pablo:
EDWIN, EDGAR & benefits due to them due to the death of Ps. 4,000; reimbursement for burial
EDNA, GR NO. L- Teodoro who was employed as a mechanic of expenses of Ps. 89; Ps. 300 for attorney's
26341 / 11.27.68 IDECO who was shot to death while walking fees; and to pay WCC the amount of Ps. 46
home, near the IDECO compound by a certain, as fees pursuant to WCC Compensation
Martin Cordero. Act.
25) MA-AO SUGAR Ma-ao Sugar Central Co. Inc. refused to Petitioner denied the payment to the
CENTRAL CO. INC. & compensate the beneficiaries for the death of beneficiaries. Appealed the case to the
GUILLERMO Julio Famoso who was killed in line of duty RTC of Bago City - Judge Marietta Hobilla-
ARANETA vs. COURT while under their employ. On March 22, 1980, Alinio ruled in her favor but deducted
OF APPEALS & Famoso was riding with co-employee in the from the total damages awarded 25%
HERMINIA caboose or "carbonera" of Plymouth No. 12, a thereof for the decedent's contributory
FAMOSO, GR NO. cargo train of the Petitioner, when the negligence and the total pension of Ps.
83491 / 08.27.90 locomotive suddenly derailed. Famos and his 41,367.60 from SSS would be receiving
companion jumped off to escape injury, but the for the next 5 years the amount of Ps.
train fell on its side, caught his legs by its 13,382.40. The private respondent made
wheels and pinned him down. He was declared an appeal to the CA and CA awarded Ps.
dead on the spot. 76,000 as the compensable amount.
26) MARINDUQUE
IRON MINES
AGENTS, INC. vs.
WCC, GR NO. L-8110
/ 06.30.56
26) LYDIA M. This is a petition for review on Certiorari
PROFETA vs. HON. assailing a portion of the decision of the Office
FRANKLIN M. of the President, dated Oct. 23, 1991, declaring
DRILON as petitioner, Lydia M. Profeta, as compulsorily
EXECUTIVE retired as of Oct. 15, 1991 and the resolution
SECRETARY OF THE dated Jan. 31, 1992 denying the petitioner's
PRESIDENT OF THE motion for reconsideration of said decision.
PHILIPPINES, GR Lydia M. Profeta served as Executive Dean of
NO. 104139 / the Rizal technological College from Oct. 24,
12.22.92 1974 up to April 30, 1979. she was appointed as
President of the same college on May 1, 1979.
After the EDSA Revolution on March 5, 1986
she filed her courtesy resignation as President
of RTC. On Nov. 4, 1988 was appointed Acting
President Eulogio "Amang" Rodriguez Institute
of Science & Technology and as regular
President on March 29, 1989.
27) DIONISIO M. Petitioner, Dinisio M. Rabor is a utility worker in Rabor asked for reconsideration from the
RABOR vs. CSC, GR the Office of the Mayor of Davao City, He Mayor of Davao City, GSIS & CSC that he
NO. 11812 / entered the government service as a utility be extended of his service so as he can be
05.31.95 workers on April 10, 1978 at the age of 55 qualified and avail of the old-age pension,
years. In may 1991, he was davised to apply for which were all denied.
retirement as he had already reached the age of
68 years, 7 months and service years of 13 years
and 1 month.
SC-RULING