LAW 200 - SOCIAL LEGISLATION CASES
CASE TITLE &
REFERENCE CASE FACTS
NUMBERS
1) BERONILLA vs. Hilarion Beronilla, Auditor of PNB, compulsory
GSIS - BOARD OF retirement - petition for special civil action for
TRUSTEES,ET.AL, GR prohibition by GSIS, re: retirement from service
NO. L-21723, effective Jan.14, 1963; Issue of Date of Birth
11.26.70 from Jan. 14, 1898 to Jan. 14, 1900.
2) CLEMENTE vs. This is a petition to review the decision of the
GSIS & ECC, GR NO. ECC which affirmed the decision of GSIS which
47521, 07.31.87 denied the claim for death benefits filed by
Carolina Clemente, widow of the late Pedro
Clemente, a janitor for 10 years in the DOH,
Dagupan City, assigned @ the Ilocos Norte Skin
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
DABATIAN vs. GSIS, dated 06.27.77 which affirmed the decision of
GR NO. L-47294, the GSIS denying the claim for death benefits of
04.08.87 Hilaria Dabatian, widow of the late Sigfredo A.
Dabatian who died last July 3, 1976 due to
peptic ulcer. The deceased was employed as
Garbage Truck Driver in the General Services
Dept. of the City Government of CDOC
LOWER COURTS RULING
GSIS' RULING - Denied his petition to
effect retirement to Jan. 14, 1965 instead
of Jan. 14, 1963 at age 65 yrs. old. As per
petitioner's argument that the GSIS Board
resolution in question constitutes an
impairment of the "obligations of his
contract of insurance"
GSIS denied the claim for death benefits
which the ECC concurred as the ailments
of the deceased were not occupational
diseases (uremia due to nephritis & portal
cirrhosis and leprosy) taking consideration
of the nature of his work.
GSIS denied the claim for death benefits
which was also concurred by the ECC, as
the cause of death was not considered as
an occupational disease; neither was
there a showing that such disease was
directly caused by his employment and
that the risk of contracting the same was
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
TANCINCO vs. GSIS reversal of the rulings & decision of the GSIS,
& ECC, GR NO. ECC & CA which denied the granting of death
132916 / 11.16.01 benefits claimed by the widow of PNP-SPO1
Eddie G. Tancino, a closed-in security personnel
of VP Estrada who was shot dead by 5 armed
men in front of his house in Brgy. Palanas,
Lemery, Batangas last July 17, 1995 while
repairing his service vehicle.
GSIS denied petitioner's claim for death
benefits on the ground that there was no
proof that her husband's death was work-
related; SPO1 TANCINCO was off-duty at
the time of the shooting as VP Estrada was
then in the US for medical treatment. Both
the ECC & CA denied both appeals and MR
of said petitioner.

6) GENEROSO Issue - WON the injury sustained by the
ALANO vs. ECC, GR deceased, Dedicacion de Vera resulting in her
NO. L48594 / death is compensable under the law as an
03.16.88 employment-related accident. She was a
government employee in her lifeftime as a
Principal of Salinap Community School in San
Carlos, Pangasinan. On Nov. 29, 1976, while
waiting for a ride @ Plaza Jaycee, on her way to
school was bumped and ran over by a speeding
Toyota Mini-Van which resulted to her
instantaneous death.
Her brother, Generoso Alano filed the
instant claim for income & death benefits
with the GSIS which was denied on June
27, 1977 as it was not an employment
related accident. A Motion for
Reconsideration was filed but also denied
on July 19, 1977; which was then elevated
to the ECC, which affirmed the GSIS
decision, based on the the following: 1)
such injury was not sustained during the
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
vs. ECC & GSIS, GR & GSIS, dated 10.26.76 which denied the claim
NO. L-46046 / for compensation of benefits due to injuries
04.05.85 sustained by the petitioner (Emelita Enao - a
school teacher of Sergio Osmena, Sr,
Zamboanga del Norte) on 08.01.75 while on her
way to Dipolog City for the purpose of
purchasing school supplies and other trainig
aids for her office, when she and together with
other person were ambushed by unidentified
men believed to be communist insurgents.
Both GSIS (02.27.76) & ECC (10.26.76)
denied the claim of the Petitioner as the
incident happened or her rest day and as
such said accident did not happen at the
time and place of work, and the other fact
that she was not in the performance of
her official function; the Court of Appeals
granted the petitioner's, Enao's petition
for benefit claim.

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
vs. ECC & GSIS & suffering from "brain tumor" as diagnosed by
BUREAU OF MINES the Makati Medical Center. Zaida G. Raro works
& GEO-SCIENCES, as a clerk at the Bureau of Mines and Geo-
GR NO. L-58445 / sciences @ Daet, Camarines Sur since March
04.27.89 17, 1975. About 4 years later, she was
experiencing from severe & recurrent
headaches coupled with blurring vision.
Her claim for disability benefits were
denied by the GSIS and was affirmed by
the ECC as her disease or ailment is non-
compensable or not listed as an
occupational disease.

17) NICETAS C. Petitioner, Nicetas C. Rodriguez widow of the
RODRIGUEZ vs. late Hector P. Rodriguez, a public schol teacher
ECC / GSIS & Bureau of Salaan Elementary School, Pangasinan who
of Elementary died last Nov. 27, 1975 due to colon cancer.
Education, GR NO. Petitioner filed a claim for death compensation
-4645 4 / 09.28.89 with GSIS which was denied.
Both GSIS & ECC denied the claim for
death benefits as the cause of death is not
considered as an occupational disease as
the nature of his work and duties as a
teacher as well as the working conditions
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

20) BELLOSILLO vs. A workman employed on a public street who

CITY OF MANILA, temporarily left his work and crossed the street
GR NO. 35422 / when he was ran over by an automobile and
11.09.31 killed.

21) GAUDENCIO T. ISSUE: WON - Gaudencio T. Cena, a Registrar of
CENA vs. CSC & the Register of Deeds of Malabon, Metro
HON. PATRICIA A. Manila who has reached the compulsory
STO. TOMAS, AS CSC retirement age of 65 years, but who has
CHAIRPERSON, GR rendered only 11 years, 9 months and 6 days of
NO. 97419 / government service be allowed to continue
07.03.92 service to complete the 15-year service
requirement to enable him to retire with the
benefits of an old-age pension under Revised
Govt. insurance Act of 1977.
LRA Administrator sought the ruling of the
Civil Service Commission (CSC) which the
CSC denied petitioner's request for
extension of service unless the LRA Head
Office sought retention for another year
under CSC Memorandum Circular No. 27,
s 1990.
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
ENGINEERING CO. decision of the WCC affirming the decision of
vs. WCC & IRENEA the Regional Office VII in Iloilo City which
M. PABLO AND HER ordered the IDECO to pay to the widow and
MINOR CHILDREN - children of Teodoro G. Pablo the required
EDWIN, EDGAR & benefits due to them due to the death of
EDNA, GR NO. L- Teodoro who was employed as a mechanic of
26341 / 11.27.68 IDECO who was shot to death while walking
home, near the IDECO compound by a certain,
Martin Cordero.
This is an appeal by the IDECO from the
decision of the WCC affirming the decision
of the Regional Office VII in Iloilo City
which ordered the IDECO to pay to the
widow and children of Teodoro G. Pablo:
Ps. 4,000; reimbursement for burial
expenses of Ps. 89; Ps. 300 for attorney's
fees; and to pay WCC the amount of Ps. 46
as fees pursuant to WCC Compensation
Act.
25) MA-AO SUGAR Ma-ao Sugar Central Co. Inc. refused to
CENTRAL CO. INC. & compensate the beneficiaries for the death of
GUILLERMO Julio Famoso who was killed in line of duty
ARANETA vs. COURT while under their employ. On March 22, 1980,
OF APPEALS & Famoso was riding with co-employee in the
HERMINIA caboose or "carbonera" of Plymouth No. 12, a
FAMOSO, GR NO. cargo train of the Petitioner, when the
83491 / 08.27.90 locomotive suddenly derailed. Famos and his
companion jumped off to escape injury, but the
train fell on its side, caught his legs by its
wheels and pinned him down. He was declared
dead on the spot.
Petitioner denied the payment to the
beneficiaries. Appealed the case to the
RTC of Bago City - Judge Marietta Hobilla-
Alinio ruled in her favor but deducted
from the total damages awarded 25%
thereof for the decedent's contributory
negligence and the total pension of Ps.
41,367.60 from SSS would be receiving
for the next 5 years the amount of Ps.
13,382.40. The private respondent made
an appeal to the CA and CA awarded Ps.
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.

28) TEODORO J. The basic issue presented in this case is the

SANTIAGO vs. COA correct interpretation of EO No. 966, Section 9 -
& GSIS, GR NO. Highest Basic Salary Rate which Santiago raised
92284 / 07.12.91 this question in connection with the
computation of his retirement benefits which
he claims was not made in conformity to the
above-quoted requirement. Santiago was
emploed in the COA as State Auditor IV. His
latest position was as Assistant GM for finance
& Admin assigned at the MIAA, effective August
15, 1988.
29) VISAYAN ISSUE: Appeal for Certiorari from a resolution of The DOLE Regional Office of Bacolod City
STEVEDORE- WCC in the case of Exaltacion Barrion, et. al. vs. rendered a decision awarding death
TRANSPORATION VSTC. Graciano Gutana was a laborer of VSTC compensation to the claimants in the
CO. vs. WCC & who got killed on May 19, 1958 when he was amount of Ps. 4,000 + attorney's fees
EXALTACION pinned by the end of the hatch cover of the which the WCC affirmed.
BARRION AND barge against the side of the vessel, thereby
MINOR CHILDREN - suffering physical injuries which resulted in his
ELVIRA, ERLINDA & death.
SHIRLEY (all
surnamed
GUTANA), GR NO. L-
22135 / 12.27.63
LAW 200 - SOCIAL LEGISLATION CASES

SC-RULING

DENIED the petition as the retirement of

government employees is imposed by
law and is not the result of any
contractual stipulation.

SC Ruling - reversed respondents, ECC &

GSIS, were ordered to pay the petitioner,
death benefits of Ps. 12,000.00 & Ps.
1,200.00 as Attorney's Fees.

The SC took notice of the fact that the

conditions in this case are not peculiar
to the work mentioned herein. Many, if
not most, employees are equally
exposed to similar conditions but have
not been victims of peptic ulcer. Petition
was DENIED for lack of merit.
The SC reconsidered their previous
decision/ruling dated 10.28.94 and
reversed the questioned resolutions and
orders of the CSC and the MR were
granted and required the GSIS to
consider creditable the services of
private respondents, Baradero & Belo on
a per diem, basis AFFIRMED.

SC Ruling - AFFIRMED THE RULING OF

THE GSIS / ECC & C.A. which denied
petition of the claimant as it is not
covered under compensable claims.

SC ruled in favor of the petitioner and

the decision of the ECC was set aside
and the GSIS was ordered to pay the
heirs the sum of Ps. 12,00.00 as death
benefits & Ps. 1,200.00 as attorney's
fees. SC ruled that the claim is
compensable; when an employee is
accidentally injured at a point
reasonably proximate to the place of
work, while she is going to and from
work, such injury is deemed to have
arisen out of and in the course of his/her
employment.
SC ruled to set aside the GSIS & ECC
decision and petition for certiorari was
granted and ordered GSIS to pay the
death benefits to the dependents of
Oania Belarmino WITH LEGAL INTEREST
FROM THE FILING OF THE CLAIM plus
10% of Attorney's Fees. GSIS & ECC
overlooked the fact that "septicemia
post partum" is a disease of childbirth,
and late Oania's premature
childbirth/delivery would not have
occured if she did not accidentally fall
while she was teaching in the classroom.

SC affirmed the rulings of bothnthe GSIS

& ECC as non-compensable as the cause
of death is non-occupational acquired
and work related.

SC affirmed the CA ruling and ordered

the GSIS to pay Arreola the sum of Ps.
12,619.00 AS COMPENSATION FOR THE
BENEFITS claimed.
SC - affirmed the Court of Appeals ruling
and set aside the ECC decision and
ordered the GSIS to grant the
petitioner's claim for loss of income
benefits and to process and ascertain
the total amount due and to pay the
same.

SC ruled / decided that the decision

appealed from is set aside and ordered
that GSIS to pay the petitioner Ps.
12,000.00 as death benefits; reimburse
the petitioner's medical and hospital
expenses; and, pay the burial expenses
of Ps. 1,200.00.
SC ruled to reverse & set aside the ruling
of the ECC and advised that the case is
remanded to the ECC and GSIS for
disposition in accordance with the SC
decision.

SC ruled and set aside the decisions of

the DECS / GSIS & ECC and ordered
DECS to pay the petitioner the sum of
Ps. 6,000.00 as disability income
benefits and to reimburse the medical &
Hospital expenses duly supported by
receipts.

Petition granted and set aside the

decision of the ECC. SC upholds that the
cause of death is work connected, i.e.
the risk of contracting the illness was
aggravated by the nature of his work, so
much so that the petitioner is entitled to
receive compensation benefits for the
death of her husband.
SC- reaffirmed its decision to grant the
corresponding benefits which was
ruled/affirmed last March 29,1984.

SC ruled and affirmed the decision of

the GSIS / ECC and DENIED / DISMISSED
the petition, as the ailment is not
covered as an occupational disease.

SC DENIED petition and affirmed the

decisions of the GSIS & ECC.
SC reversed the ruling of both the GSIS &
ECC and ordered the GSIS to pay the
death benefits of the petitioner +
attorney's fees. Both the GSIS & ECC
failed to adequately consider that there
was another cause of death, which was
pneumonia which is aqualified
"occupational disease" listed under the
amended Rules on Employees
Compensation.

SC DENIED PETITION - held that the

driver died in the course of his
employment as circumstances and
indications show that the deceased died
while driving the bus, thus that his death
must have been due to his employment.
Respondent, order to pay the
compensation due the heirs under the
law.

The SC ordered the City of Manila to

give him compensation, under Act.
3428, holding that the injury / death was
caused by an accident due to and in
pursuance of his employment.

The SC granted the petition. The Land

Registration Authority (LRA) of the Dept.
of Justice has the discretion to allow
petitioner, Gaudencio T. Cena to extend
his 11 years, 9 monthsd and 6 days of
government service to complete the 15-
year service so that he may retire with
full benefits under Section 11 par. (b) of
PD No. 1146.
SC - DENIED THE PETITION; The decision
of WCC which was appealed from are
hereby affirmed. Costs against
petitioner.

The SC affirmed the ruling of the WCC

and ordered the company to
compensate the petitioner for the death
was considered compensable.

SC affirmed the ruling of the WCC to pay

the beneficiaries related benefits due
them. WCC basis for compensation are
the following: Proximity of incident from
the place of work; timing of incident
which was just right after work and
accessibility of house and workplace.
The SC ruled in favor of the beneficiaries
and affirmed the ruling of the CA in toto.

It's the petitioner's contention that

Criminal Case No. 1491 and the outcome
constituted an election by the employee
(or his heirs) to sue the third person,
such election having the effect of
releasing the employer. However,
Criminal Case No. 1491 was not a suit
for damages against the third person, it
being alleged, without contradiction that
the heirs did not intervene therein and
have not so far received the indemnity
ordered by the court. At any rate, we
have already decided that the indemnity
granted the heirs in a criminal
prosecution of the "other person" does
not affect the liability of the employer to
pay compensation.
The decision of the the Office of the
Petitioner declaring the petitioner as
compulsory retired as of Oct. 15, 1991 is
set aside. Petitioner is hereby declared
to have been in the service as President
of EARIST form Oct. 16, 1991 until April
30, 1992 and therefore entitled to all
salaries, benefits and emoluments of
said office osf such inclusive dates. In
addition, she is declared as entitled to
her old-age pension benefits for having
reached the 65 years while in the service
with 15 years of service to her credit,
subject to her compliance with all
applcable regulations and requirements
of the GSIS.

SC - denied petition and affirmed

decision of the CSC.

The petition was granted and judgment

rendered directing the computation of
the petitioner's retirement benefits
based on - Highest Basic Salary Rate of
Ps. 13,068.00.
SC - DENIED / DISMISSED Petition as
there is no merit. Affirmed the ruling of
the DOLE Regional office in Bacolod City
to grant death compensation benefits to
the beneficiaries.