Friday, March 02, 2012

Alano vs. Employees' Compensation Commission (ECC) [G.R. No. L-48594 , March 16, 1988]

Facts: Dedicacion de Vera, a government employee during her lifetime, worked as principal of Salinap Community School in San Carlos City, Pangasinan. Her tour of duty was from 7:30 a.m. to 5:30 p.m. On November 29, 1976, at 7:00 A.M., while she was waiting for a ride at Plaza Jaycee in San Carlos City on her way to the school, she was bumped and run over by a speeding Toyota mini-bus which resulted in her instantaneous death. She is survived by her four sons and a daughter. 

On June 27, 1977, Generoso C. Alano, brother of the deceased, filed the instant claim for income benefit with the GSIS for and in behalf of the decedent's children. The claim was, however, denied on the same date on the ground that the "injury upon which compensation is being claimed is not an employment accident satisfying all the conditions prescribed by law." On July 19, 1977 appellant requested for a reconsideration of the system's decision, but the same was denied and the records of the case were elevated to this Commission for review. (Rollo, p. 12) 

Issue: Whether or not the death of Dedicacion de Vera can be compensable. 

Held: In this case, it is not disputed that the deceased died while going to her place of work. She was at the place where, as the petitioner puts it, her job necessarily required her to be if she was to reach her place of work on time. There was nothing private or personal about the school principal's being at the place of the accident. She was there because her employment required her to be there. 

As to the Government Service Insurance System's manifestation, we hold that it is not fatal to this case that it was not impleaded as a party respondent. As early as the case of La O v. Employees' Compensation Commission, (97 SCRA 782) up to Cabanero v. Employees' Compensation Commission (111 SCRA 413) and recently, Clemente v. Government Service Insurance System (G.R. No. L-47521, August 31,1987), this Court has ruled that the Government Service Insurance System is a proper party in employees' compensation cases as the ultimate implementing agency of the Employees' Compensation Commission. We held in the aforecited cases that "the law and the rules refer to the said System in all aspects of employee compensation including enforcement of decisions (Article 182 of Implementing Rules)." 


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