Professional Documents
Culture Documents
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POINTERS FOR AGRARIAN REFORM AND SOCIAL LEGISLATION | FINALS
Taxi driver engaged on boundary basis 3. He has used up all company sick leaves with pay; and
Even-if the driver is getting income through boundary, this does not 4. He has notified the employer or SSS, if separated, voluntary
negate the existence of employee-employer relationship. or self-employed.
Notify employer within 5 calendar days after start of
Labor-only contracting sickness/injury and employer must notify SSS within 5
Labor-only contracting is prohibited. days after receipt of notification. Notice is not required it
members confinement is in hospital or member got sick
Labor-only contracting shall refer to an arrangement where the while working or within company premises.
contractor merely recruits, supplies or places workers to perform a job,
work or service for the principal, and the following elements are present: In computing, exclude the semester of sickness. A semester refers to
two consecutive quarters ending in the quarter of sickness. A quarter
1. The contractor does not have substantial capital or refers to three consecutive months ending March, June, September, or
investments in the form of tools, equipment, machines, work December.
premises, among others, and the employees recruited and
placed are performing activities that are usually necessary or For example: SSS member gets sick in October 2006 for 20 days.
desirable to the operation of the company, or directly related a. The semester of sickness would be from July 2006 to
to the main business of the principal within a definite or December 2006.
predetermined period, regardless of whether such job, work b. The 12-month period would be from July 2005 to June 2006
or service is to be performed within or outside the premises of (where the six highest monthly salary credits will be chosen)
the principal; or
2. The contractor does not exercise the right to control over the In no case shall the daily sickness benefit be paid longer than one
performance of the work of the employee hundred twenty (120) days in one (1) calendar year, nor shall any
unused portion of the one hundred twenty (120) days of sickness benefit
Employment services not covered: purely casual granted under this section be carried forward and added to the total
1. Purely casual employment and not for the purpose of occupation number of compensable days allowable in the subsequent year
or business of the employer;
2. Service performed on or in connection with an alien vessel by an
employee if he is employed when such vessel is outside the Maternity leave benefit
Philippines; A daily cash allowance granted to female members who was unable to
3. Service performed in the employ of the Philippine Government or work due to childbirth or miscarriage. It is equivalent to 100% of
instrumentality or agency thereof; members average daily salary credit multiplied by 60 days for normal
4. Service performed in the employ of a foreign government or delivery or miscarriage, 78 days for caesarian section delivery.
international organization, or their wholly-owned instrumentality,
unless, there is an agreement with the Philippine Government for Qualifications for entitlement:
the inclusion of such employee in the SSS a. She has paid at least three (3) monthly contributions in the
5. Such other services performed by temporary and other employees twelve-month period immediately preceding the semester of
which may be excluded by regulation of the Commission. her childbirth or miscarriage
Employees of bona fide independent contractors shall not be
b. She has notified her employer of her pregnancy through her
deemed employees of the employer engaging the services of said
contractors. employer, if employed, or to SSS id separated, voluntary or
self-employed.
Mansal v Go-Checo
In a sawmill, for example, if a power unit running the mill gets out of Deliveries covered: Only for the first four deliveries or miscarriages.
order and a mechanic is contracted to fix the engine, the work of the
mechanic would be considered as purely casual, because the reparation Notice required: As soon as pregnancy is confirmed, member must
of the mill is not the actual work or business of the sawmill but the sawing notify immediately his employer or SSS, as the case may be, and
of lumber. But the piling up of lumber is work directly connected with the probable date of childbirth at least 60 days from the date of conception.
business of a lumber yard. Lumber must be sorted and piled up in Employer must in turn notify SSS after receipt of notification. Failure to
groups according to sizes to facilitate handling and sale. The piling up observe this rule may result in denial.
of lumber is, therefore, an ordinary part of the work in a lumber yard.
Can a member apply for sickness benefit if she has been paid maternity
benefit? No. No member can be entitled to two benefits for the same
Employer period.
Section 8. Employer Any person, natural or juridical, domestic or
foreign, who carries on in the Philippines any trade, business, industry, Who determines e-e?
undertaking or activity of any kind and uses the services of another The question on the existence of an employer-employee relationship for
person who is under his orders as regards the employment, except the the purpose of determining the coverage of the Social Security
Government and any of its political subdivisions, branches or System is explicitly excluded from the jurisdiction of the NLRC and falls
instrumentalities, including corporations owned or controlled by the within the jurisdiction of the SSC which is primarily charged with the duty
Government: Provided, That a self-employed person shall be both of settling disputes arising under the Social Security Law of 1997.
employee and employer at the same time. (Asiapro case)
Sickness benefit number of days that can be paid Effect of final judgment at NLRC on Employee-Employer
A daily cash allowance paid for the number of days a member is unable Relationship: Conclusiveness of Judgment
to work due to sickness or injury. The amount is equivalent to 90% of
the members average daily salary credit. Co vs. People
Facts: Petitioner was charged criminally by claimed employees for
Requirements: violation of SS Law for non-remittance of contributions. Prior to the
1. He is unable to work due to sickness or injury and confined criminal case, a final decision of NLRC held that the claimed employees
either in a hospital or at home for at least 4 days; were independent contractors and not employees. Petitioner filed a
2. He has paid at least 3 months of contributions within the 12- motion to quash.
month period immediately before the semester of
sickness/injury Ruling: Well-settled is the rule that the mandatory coverage of RA 1161,
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Effective Date of Coverage. Compulsory coverage of the employer cannot be presumed from the fact of marriage alone. (SSS vs.
shall take effect on the first day of his operation and that of the employee Alguas)
on the day of his employment: Provided, That the compulsory coverage Further, Alguas pointed out that a wife who left her family until her
of the self-employed person shall take effect upon his registration with husband died and lived with other men, was not dependent upon
the SSS her husband for support, financial or otherwise, during the
pendency of the period.
Appeal from SSC
(b) Appeal to Courts. Any decision of the Commission, in the absence Signey v. SSS
of an appeal therefrom as herein provided, shall become final and Facts: Kuya, the one who died here, had three wives (wowz) who
executory fifteen (15) days after the date of notification, and judicial claimed his death benefits. The SSC determined that it was Ginas
review thereof shall be permitted only after any party claiming to be (second common law wife) illegitimate children who was entitled to the
aggrieved thereby has exhausted his remedies before the Commission. benefits.
The Commission shall be deemed to be a party to any judicial action
involving any such decision and may be represented by an attorney Ruling: Whoever claims entitlement to the benefits provided by law
employed by the Commission, or when requested by the Commission, should establish his or her right thereto by substantial evidence. Since
by the Solicitor General or any public prosecutor. petitioner is disqualified to be a beneficiary and because the deceased
has no legitimate child, it follows that the dependent illegitimate minor
(c) Court Review. The decision of the Commission upon any disputed children of the deceased shall be entitled to the death benefits as
matter may be reviewed both upon the law and the facts by the Court of primary beneficiaries. The SSS Law is clear that for a minor child to
Appeals. For the purpose of such review the procedure concerning qualify as a "dependent, the only requirements are that he/she must be
appeals from the Regional Trial Court shall be followed as far as below 21 years of age, not married nor gainfully employed.
practicable and consistent with the purposes of this Act. Appeal from a
decision of the Commission must be taken within fifteen (15) days from In this case, the minor illegitimate children Ginalyn and Rodelyn were
notification of such decision. If the decision of the Commission involves born on 13 April 1996 and 20 April 2000, respectively. Had the legitimate
only questions of law, the same shall be reviewed by the Supreme Court. child of the deceased and Editha survived and qualified as a dependent
No appeal bond shall be required. The case shall be heard in a summary under the SSS Law, Ginalyn and Rodelyn would have been entitled to a
manner, and shall take precedence over all cases, except that in the share equivalent to only 50% of the share of the said legitimate child.
Supreme Court, criminal cases wherein life imprisonment or death has Since the legitimate child of the deceased predeceased him, Ginalyn
been imposed by the trial court shall take precedence. No appeal and Rodelyn, as the only qualified primary beneficiaries of the deceased,
shall act as a supersedeas or a stay of the order of the Commission are entitled to 100% of the benefits.
unless the Commission itself, or the Court of Appeals or the Supreme
Court, shall so order. SSS v. Delos Santos
Facts: After Gloria (respondent) left Antonio twice, he amended his SSS
Beneficiaries; Primary beneficiaries entries from Mrs. Margarita de los Santos to Cirila de los Santos 9the
Beneficiaries The dependent spouse until he or she remarries, the second wife); from Gloria de los Santos to May-Ann de los Santos; and
dependent legitimate, legitimated or legally adopted, and illegitimate from Erlinda de los Santos to Armine de los Santos. Thus, upon the
children, who shall be the primary beneficiaries of the death of Antonio, Cirilia applied and began receiving his SSS pension
member: Provided, That the dependent illegitimate children shall be benefit. On the same month, Gloria filed a claim for Antonio's death
entitled to fifty percent (50%) of the share of the legitimate, legitimated benefits with the SSS Cubao Branch. Her claim was denied because
or legally adopted children: Provided, further, That in the absence of the she was not a qualified beneficiary of Antonio. In the letter, the SSS said
dependent legitimate, legitimated or legally adopted children of the that she was not qualified due to the fact that she had obtained a divorce
member, his/her dependent illegitimate children shall be entitled to one against the member and she had already remarried. But contrary to
hundred percent (100%) of the benefits. In their absence, the dependent findings of the SSC, the CA found that being the legal wife, Gloria was
parents who shall be the secondary beneficiaries of the member. In the entitled by law to receive support from her husband.
absence of all of the foregoing, any other person designated by the
member as his/her secondary beneficiary. The Court reminded us of the case of Dycaico vs. SSS which declared
as unconstitutional the proviso as of the date of his retirement to qualify
SSC v Azote the term of primary beneficiaries. Thus, the reckoning point in
The existence of two Form E-4s designating, on two different dates, two determining the beneficiaries of the deceased Antonio should be at the
different women as his spouse is already an indication that only one of time of his death. Although respondent was the legal spouse of the
them can be the legal spouse. As can be gleaned from the certification deceased (because the divorce obtained by respondents was not valid),
issued by the NSO, there is no doubt that Edgardo married Rosemarie we find that she is still disqualified to be his primary beneficiary under
in 1982. Edna cannot be considered as the legal spouse of Edgardo as the SS Law. She fails to fulfill the requirement of dependency upon her
their marriage took place during the existence of a previously contracted deceased husband Antonio. AN ESTRANGED wife who was not
marriage. For said reason, the denial of Edna's claim by the SSC was dependent upon her deceased husband for support is not qualified to be
correct. It should be emphasized that the SSC determined Edna's his beneficiary.
eligibility on the basis of available statistical data and documents on their
database as expressly permitted by Section 4 (b) (7) of R.A. No. 8282. SSC v. Favila
Teresa averred that when Florante died on February 1, 1997, his
pension benefits under the SSS were given to their only minor child at
Extent of the required dependency that time, Florante II, but only until his emancipation at age 21. Believing
Section 8 (e). Dependents The dependents shall be the following: that as the surviving legal wife she is likewise entitled to receive
(1) The legal spouse entitled by law to receive support from the Florante's pension benefits, Teresa subsequently filed her claim for said
member; benefits before the SSS. The SSS, however, denied the claim.
(2) The legitimate, legitimated or legally adopted, and illegitimate
child who is unmarried, not gainfully employed and has not reached Is Teresa a primary beneficiary in contemplation of the Social Security
twenty-one years (21) of age, or if over twenty-one (21) years of Law as to be entitled to death benefits accruing from the death of
age, he is congenitally or while still a minor has been permanently Florante?
incapacitated and incapable of self-support, physically or mentally;
and According to the SS Law, it is plain that for a spouse to qualif y as a
(3) The parent who is receiving regular support from the member. primary beneficiary under paragraph (k) thereof, he/she must not only
be a legitimate spouse but also a dependent as defined under paragraph
Although a husband and wife are obliged to support each other, (e), that is, one who is dependent upon the member for support. Here,
whether one is actually dependent for support upon the other there is no question that Teresa was Florante's legal wife. What is at
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point, however, is whether Teresa is dependent upon Florante for did then and there willfully, unlawfully and
support in order for her to fall under the term "dependent spouse" under feloniously fail and/or refuse to remit the SSS
Section 8 (k) of RA 1161. Aside from Teresa's bare allegation that she premium contributions in favor of its employees
was dependent upon her husband for support and her misplaced amounting to P421,151.09 to the prejudice of his
reliance on the presumption of dependency by reason of her valid and employees.
then subsisting marriage with Florante, Teresa has not presented
sufficient evidence to discharge her burden of proving that she was Contrary to and in violation of Sec. 22(a) and (d)
dependent upon her husband for support at the time of his death. in relation to Sec. 28 of Republic Act No. 8282,
as amended
"dependent" - "one who derives his or her main support from another
[or] relying on, or subject to, someone else for support; not able to exist The term "managing head" in Section 28 (f) is used, in its broadest
or sustain oneself, or to perform anything without the will, power or aid connotation, not to any specific organizational or managerial
of someone else." nomenclature. To heed petitioner's reasoning would allow unscrupulous
businessmen to conveniently escape liability by the creative adoption of
Consent of SSS on filing of criminal action managerial titles.
Is the consent of SSS required before any criminal case may be filed? MR:
No, because Section 28 (i) states that a criminal action arising from a RA No. 9903 (Social Security Condonation Law) creates two
violation of the provisions of this Act may be commenced by the SSS or classifications of employers delinquent in remitting the SSS
the employee concerned either under this Act or in appropriate cases contributions of their employees: (1) those delinquent employers who
under the Revised Penal Code. pay withinthe six (6)-month period (the former group), and (2) those
delinquent employers who pay outside of this availment period (the
Lack of criminal intent and good faith as defenses latter group). Waiver of accrued penalties: derived from the last proviso
of Section 4 of RA No. 9903.
Tan vs. Ballena
Furthermore, the appellate court held that the defense of the petitioners The dispositive portion provides:
of good faith and lack of criminal intent should not have been The Court AFFIRMS the petitioner's conviction for violation of Section
considered, in as much as the offense charged were violations of a 22(a) and (d), in relation to Section 28 of Republic Act No. 8282, and the
special law and are therefore characterized as mala prohibita, in which petitioner is thus sentenced to an indeterminate prison term of four (4)
intent to commit is immaterial. years and two (2) months of prision correccional, as minimum, to twenty
(20) years of reclusion temporal, as maximum. In light of Section 4
Only inquiry is, has the law been violated? Thus, the petitioners of Republic Act No. 9903, the petitioner's liability for accrued penalties
admission in the instant cases of their violations of the provisions of the is considered WAIVED. Considering the circumstances of the case, the
SSS Law is more than enough to establish the existence of probable Court transmits the case to the Chief Executive, through the Department
cause to prosecute them for the same. of Justice, and RECOMMENDS the grant of executive clemency to the
petitioner.
Prescriptive period Does novation serve to negate the prosecution of a criminal liability
The right to institute the necessary action against the employer may be under RA 1161, as amended?
commenced within twenty (20) years from the time the delinquency is
known or the assessment is made by the SSS, or from the time the SSS v DOJ
benefit accrues, as the case may be. Facts: The Martels were charged by the Prosecutors Office with
nonremittance of SSS contributions. At first, they offered a parcel of
[Note: Not sure if this is what Sir means about this. LOL] land. However, later on, they offered computer-related services.
Is a director liable? The Court held that novation was inapplicable in this case. This Court
first recognized the possibility of applying the concept of novation to
Garcia v SSC criminal cases in People v. Nery, involving a case for Estafa. In that
Section 28 (f) of the SS Law provides the following: case, the Court observed that although novation is not one of the means
(f) If the act or omission penalized by this Act be committed by an recognized by the Revised Penal Code to extinguish criminal liability, it
association, partnership, corporation or any other institution, its may "prevent the rise of criminal liability or to cast doubt on the true
managing head, directors or partners shall be liable to the penalties nature of the original basic transaction," provided the novation takes
provided in this Act for the offense. place before the filing of the Information with the trial court.
SSC found Garcia, the sole surviving director of Impact Corporation, Thus, novation has been invoked to reverse convictions in cases where
petitioner herein, liable for unremitted SSS contributions. The issue is an underlying contract initially defined the relation of the parties such as
whether or not petitioner, as the only surviving director of Impact the contract in sale on commission in Estafa cases or the contract in sale
Corporation, can be made solely liable for the corporate obligations of of goods in cases of violation of the Trust Receipts Law. Further, the
Impact Corporation pertaining to unremitted SSS premium contributions party invoking novation must prove that the new contract did indeed take
and penalties therefore. effect.
Mendoza v People
1st case:
The Information against petitioner reads:
RA 8291: Government Service Insurance System Act of 1997 reaching 60 or upon separation whichever comes later if not
receiving monthly pension from permanent total disability
Jurisdiction
GSIS has original and exclusive jurisdiction to settle any dispute arising
ii. Rendered at least 15 years & who is below 60 at the time of
under RA 8291 with respect to:
resignation/separation
- Coverage
- cash payment equivalent to 15 times the basic Monthly
- Entitlement to benefits
- Collection and payment of contributions Pension payable upon separation plus monthly pension
- Any other matter related to any or all of the foregoing starting 60
which is necessary for their determination
Primary beneficiaries in case of survivorship
Which body of GSIS is vested with Quasi-Judicial Functions? The legitimate spouse, until he/she remarries, and the dependent
Board of Trustees. children.
Who are covered? Are judges covered? IRR, Rule II, Sec. 2.5:
Member separated for cause:
Compulsory for all employees: automatically forfeit
- Appointive or elective Unless terms of resignation or separation provide otherwise
- Whether temporary, casual, permanent or contractual with
employee-employer relationship [thus, those under job orders are Member separated not for cause
not covered] shall continue to be member & entitled subject to qualification & other
- Those who are receiving basic pay or salary but not per diems, prescription
honoraria or allowances; and
- Those who have not reached the compulsory retirement age of 65
years old Entitlement to personal contributions
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That retirement pay accruing to a public officer may not be withheld and
applied to his indebtedness to the government has been settled in
several cases. In this case, the Court had to distinguish between the
COA disallowances that were allowed from those that were not. Since
the disallowance only accrued when the respondents were already PD 442, as amended/P.D. 626: Employees Compensation
retired, it gave rise to a case of solution indebiti. Nonetheless, it may be
recovered not by deducting on the retirement pay, but on the other Presumption of Compensability
assets of the respondents. Workmens Compensation Act - This Act works upon the presumption of
compensability which means that if the injury or disease arose out of and
Prescriptive period in the course of employment, it is presumed that the claim for
4 years from date of contingency except life and retirement which do not compensation falls within the provisions of the law. Simply put, the
prescribe. employee need not present any proof of causation. It is the employer
who should prove that the illness or injury did not arise out of or in the
Sec. 39 course of employment.
GSIS argues that the enforcement of the decision is impossible because In the present law, for the sickness and resulting disability or death to be
its charter unequivocally exempts it from execution. The Court rejected compensable, the claimant must prove either of two things:
this argument and held that GSISs charter should not be used to evade a. Doctrine of Occupational Disease that the sickness was
its liabilities to its employees, even to its indirect employees, as the result of an occupational disease listed under Annex A
mandated under the Labor Code. of the Rules on Employees Compensation
b. Theory of Increased Risk if the sickness was not so listed,
that the risk of contracting the disease was increased by the
claimants working conditions
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Art. 203, Labor Code (Prohibition against demand or charge for fee) c. to protect himself from extreme temperature in a place within
the employer's premises,
Under Labor Code:
ART. 203. Prohibition. - No agent, attorney or other person pursuing or shall be deemed incidental to his employment and injuries which
in charge of the preparation or filing of any claim for benefit under this the employee suffered in the performance of such acts shall be
Title shall demand or charge for his services any fee, and any stipulation considered compensable and arising out of and in the course of
to the contrary shall be null and void. The retention or deduction of any employment."
amount from any benefit granted under this Title for the payment of fees
for such services is prohibited. Violation of any provision of this Article ECC Board Resolution No. 15-01-20
shall be punished by a fine of not less than five hundred pesos nor more ADVISORY ON THE DEFINITION OF MISSING PERSONS UNDER
than five thousand pesos, or imprisonment for not less than six EC BOARD RESOLUTION NO. 14-07-20
months nor more than one year, or both, at the discretion of the court.
The following are the series of events which should be considered in the
Under SSS: grant of EC benefits:
SECTION 17. Fee of Agents, Attorneys, etc. No agent, attorney or 1. The word "missing" refers to unknown fate or there is no trace
other person in charge of the preparation, filing or pursuing any claim for of whereabouts of a worker, employee and uniformed
benefit under this Actshall demand or charge for his services any fee, personnel while he/she is in the performance of his/her duties
and any stipulation to the contrary shall be null and void. The retention during calamities or fatal events.
or deduction of any amount from any benefit granted under this Act for 2. The worker, employee or uniformed personnel was not seen
the payment of fees for such services is prohibited: Provided, however, or heard from after the lapse of four years from the occurrence
That any member of the Philippine Bar who appears as counsel in any of the incident.
case heard by the Commission shall be entitled to attorney's fees not 3. The disappearance of the worker, employee or uniformed
exceeding ten percent (10%) of the benefits awarded by the personnel gives rise to presumption of death.
Commission, which fees shall not be payable before the actual payment 4. The death of the worker, employee or uniformed personnel
of the benefits, and any stipulation to the contrary shall be null and void. arises out of and in the course of employment.
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Any violation of the provisions of this Section shall be punished by a fine
of not less than five hundred pesos (P500.00) nor more than five
ECC Board Resolution Nos. 10-03-45
thousand pesos (P5,000.00), or imprisonment for not less than six (6)
CLARIFYING THE RULES ON PRESCRIPTION
months nor more than one (1) year, or both, at the discretion of the court.
According to the case of Buena Obra vs SSS and Mesa vs. SSS, when
a claimant filed a claim for disability or death benefits before the Systems
Meaning of accident
either under the SSS Law or GSIS Law, the claim for same benefits
Unforseen for which the injured party is not legally responsible.
under the Employees Compensation Law should be considered as filed.
ECC Board Resolution No. 12-03-08
The filing of disability or death benefits under either the SSS Law or the
Declaring the compensability of death of an employee due to assault
GSIS Law within 3 years from the time the cause of action accrued
when the same occurred in the course of performance of official
would stop the running of the prescriptive period under P.D. 636, as
functions notwithstanding the fact that the motive was personal in
amended.
nature.
ECC Board Resolution Nos.11-04-10
This Commission RESOLVES AS IT IS HEREBY RESOLVED, to
SETTING THE RECKONING DATE OF THE THREE-YEAR
declare the compensability of death of an employee due to assault
PRESCRIPTIVE PERIOD IN THE EVALUATION OF EMPLOYEES'
notwithstanding the fact the motive is personal in nature if the same
COMPENSATION CLAIMS FOR PERMANENT TOTAL DISABILITY
occurred in any of the following situations, in addition to those provided
(PTD)
under Item II of Circular No. 03-709 dated 22 July 2009:
1. The employee was at his assigned/designated workplace, or
In the case of ECC vs. Sanico, the Supreme Court held that:
at a place where his work requires him to be; 1. "Permanent total disability means disablement of an
2. The employee was executing an order from the employer employee to earn wages in the same kind of work, or work of
regardless of the time and place of the incident, or in the similar nature that he was trained for or accustomed to
performance of his official functions; or perform, or any kind of work which a person of [his] mentality
3. The employee was "going to or coming from" his workplace, and attainment could do. It does not mean absolute
subject to the existing guidelines of the same. helplessness;
2. "In disability compensation, it is not the injury which is
compensated, but rather it is the incapacity to work resulting
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ECC Board Resolution No.14-02-15 3. "The prescriptive period for filing compensation claims should
Compensability of Injuries or death of the soldiers and policemen when be reckoned from the time the employee lost his earning
responding to a crime situation when they are not at their assigned post capacity, i.e., terminated from employment, due to his illness
and not when the same first became manifest."
ECC Board Resolution No. 15-04-15 This Commission RESOLVES that the prescriptive period for filing
DECLARING THE COMPENSABILITY OF INJURIES SUSTAINED BY compensation claims should be reckoned from the time the employee
EMPLOYEES AT PLACES OF RECREATION WITHIN THE lost his earning capacity.
EMPLOYERS' PREMISES
ECC Board Resolution Nos.12-01-02
Paragraph 6.1 of Board Resolution No. 93-08-0068, dated August 5, DECLARING THE COMPENSABILITY OF INJURIES AND ITS
1993, is hereby modified or amended to read as follows: RESULTING DISABILITY OR DEATH SUSTAINED BY STAY-IN
"Personal Comfort Doctrine LOCAL EMPLOYEES WITHIN THE QUARTERS FURNISHED BY THE
"6.1. Acts performed by an employee EMPLOYERS
a. within the time and space limits of his employment to minister
to personal comfort such as satisfaction of his thirst, hunger "Bunkhouse Rule" - ". . . where the employee is required to stay in the
or other physical demands premises or in quarters furnished by the employer, injuries sustained
b. while on the places of recreation within the employer's therein are in the course of employment regardless of the time the same
premises, or occurred."
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and, instead, focused on the requirement that the death must arise out In the case at bar, the requisite substantial evidence came from the
of or in the course of employment. Such that, the ECC denied expert opinion of Dr. Arsenio A. Estreras Jr., a Diplomate in Internal
compensability because: Medicine who issued the Death Certificate.
"in the course of employment" refers to time, place and ECC v Sanico
circumstances under which the accident takes place. Prescription not to be reckoned when PTB became known but from time
employee lost his earning capacity (termination from job due to illness)
24-hour-duty doctrine
The concept of workplace cannot always be literally to a soldier on active Defenses against EC claims
status whom for all intents and purposes, is on a 24 hour official duty 1. Not work connected or not occupational
status, subject to military discipline and law and call of his superior 2. Limitations (intoxication, etc..)
officers at all times, except when he is on vacation leave status; this 3. No notice was given to the employer under Art. 212 of the
doctrine should not be sweepingly applied to all acts and circumstances
Labor Code
but only those which, although not on official line of duty, are
nonetheless basically police service in character 4. Prescription
Valeriano v ECC
The Court ruled that petitioner's injuries and consequent disability were Good luck, bes.
not work-connected and thus not compensable. Petitioner was not able
to demonstrate solidly how his job as a firetruck driver was related to the
injuries he had suffered. That he sustained the injuries after pursuing a
purely personal and social function having dinner with some friends
is clear from the records of the case. His injuries were not acquired
at his work place; nor were they sustained while he was performing an
act within the scope of his employment or in pursuit of an order of his
superior. The Court also ruled that the 24-hour-duty doctrine cannot be
applied to petitioner's case, because he was neither at his assigned
work place nor in pursuit of the orders of his superiors when he met an
accident. But the more important justification for the Court's stance is
that he was not doing an act within his duty and authority as a firetruck
driver, or any other act of such nature, at the time he sustained his
injuries.
GSIS v Cuanang
In the instant case, the wife of the respondent died a year after her
retirement. Clearly, the period between her retirement and demise was
less than one year. Indeed, if a death which occurred almost four and
one half years after retirement was held to be within the coverage of the
death benefits under PD 626, as in the Manuzon case, with more reason
should a death which occurred within one year after retirement be
considered as covered under the same law. A claim for benefit for such
death cannot be defeated by the mere fact of separation from service.
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