Vano v. GSIS GR 81327, Dec. 4, 1989

CRISPINA VANO, petitioner,
vs.
GOVERNMENT SERVICE INSURANCE SYSTEM, (Bureau of Posts) and
EMPLOYEES' COMPENSATION COMMISSION, respondents
GR 81327, Dec. 4, 1989
PARAS, J.:
TOPIC: Employees Compensation (Title II, Book IV, Labor Code of the Philippines)
DOCTRINE: When an employee is accidentally injured at a point reasonably proximate to the place of
work, while he is going to and from his work, such injury is deemed to have arisen out of and in the course
of his employment.
FACTS:
Filomeno Vano was a Bureau of Posts’ letter carrier in Tagbilaran City. On July 31, 1983 while on his way to
his station in Tagbilaran for his work, Vano driving his motorcycle together with his son as backrider incurred
a motorcycle skidded as they they were approaching Hinawanan Badge in Loay, Bohol, causing his head hit
the bridge's railing which rendered him unconscious, later, declared dead on arrival due to severe
hemorrhage.
Vano's widow, Crispina Vano (petitioner), filed a death benefit claim with the GSIS (respondent) under PD
626, as amended, which was denied by GSIS on April 6, 1984, stating that based on record her husband was
on his way to his station when died in a vehicular accident he figured in a Sunday, July 31, 1983.
The GSIS insists that the accident occurred outside of his time and place of work; neither was he performing
official duties at the time of its occurrence. Accordingly, the conditions for compensability in accordance with
the law have not been satisfied, as follows:
1. that the employee must have been injured at the place where his work requires him to be;
2. that the employee must have been performing his official functions; and
3. if the injury is sustained elsewhere, the employee must have been executing an order for his employer.
Crispina Vano's requests for reconsideration were denied by the GSIS, consequently, the case was elevated to
the Employees' Compensation Commission (ECC) for appropriate review under ECC Case No. 2658. In a
Decision dated October 13, 1987, the ECC affirmed the decision denying the claim of Crispina Vano because
under the Employees' Compensation law, injuries resulting from accidents while an employee is going to and
from the place of work is not compensable. Some exceptions, however, are: when the injury is sustained at a
place proximate to the work-place, when the employee meets the accident while riding in a company vehicle
and when he is on special errand for his employer. With that, they noted that the case at bar does not fall
under any of the foregoing exceptions. In fact, the subject employee's accident happened on a Sunday, a non-
working day and that the death of Filomeno Vano is not the result of an employment accident as contemplated
by law hence petitioner is clearly not entitled to her claim for death benefits.
Hence, this petition to this Court on a petition for review on certiorari.
ISSUE
Whether or not the death of Filomeno Vano, is compensable under the Employees' Compensation Law.
RULING
Yes, the claim is compensable. the Court cited the case of Vda. de Torbela vs. Employees' Compensation
Commission which the Court held that when an employee is accidentally injured at a point reasonably
proximate to the place of work, while he is going to and from his work, such injury is deemed to have arisen out
of and in the course of his employment.
In the said case, Jose P. Torbela, Sr. died on March 3, 1975 due to injuries sustained by him in a vehicular
accident while he was on his way to school from Bacolod City, where he lived, to Hinigaran, Negros Occidental
where the school of which he was the principal was located. That at the time of the accident he had in his
possession official papers he allegedly worked on in his residence on the eve of his death.
The Court see no reason to deviate from the foregoing rulings. In the case at bar, it is established that
petitioner's husband was on his way to his place of work when he met the accident. His death, therefore, is
compensable under the law as an employment accident.
DISPOSITION:
WHEREFORE, Petition is hereby SET ASIDE and the Government Service Insurance System is ordered to
pay petitioner the sum of Twelve Thousand Pesos (P12,000.00)) as death benefit and the sum of One
Thousand Two Hundred Pesos (P1,200.00) as attorney's fees.

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Vano v. GSIS GR 81327, Dec. 4, 1989

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CRISPINA VANO, petitioner,

Hence, this petition to this Court on a petition for review on certiorari.

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