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    G.R. No. 128524

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    kishen kate
    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), petitioner, vs. THE HONORABLE COURT OF APPEALS and FELONILA ALEGRE, respondents.

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    © All Rights Reserved
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    G.R. No. 128524

    Uploaded by

    kishen kate
    469 views1 page
    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), petitioner, vs. THE HONORABLE COURT OF APPEALS and FELONILA ALEGRE, respondents.

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    © © All Rights Reserved

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    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), petitioner, vs. THE HONORABLE COURT OF APPEALS and FELONILA ALEGRE, respondents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    469 views1 page

    G.R. No. 128524

    Uploaded by

    kishen kate
    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), petitioner, vs. THE HONORABLE COURT OF APPEALS and FELONILA ALEGRE, respondents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    [G.R. No. 128524.

    April 20, 1999]


    GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS), petitioner, vs. THE HONORABLE COURT OF
    APPEALS and FELONILA ALEGRE, respondents.
    ROMERO, J.:

    FACTS:
    Private respondent Felonila Alegre’s deceased husband, SPO2 Florencio A. Alegre, was a police officer
    assigned to the Philippine National Police station in the town of Vigan, Ilocos Sur. On December 6, 1994, he
    was driving his tricycle and ferrying passengers within the vicinity of Imelda Commercial Complex when SPO4
    Alejandro Tenorio, Jr., Team/Desk Officer of the Police Assistance Center located at said complex, confronted
    him regarding his tour of duty. SPO2 Alegre allegedly snubbed SPO4 Tenorio and even directed curse words
    upon the latter. A verbal tussle then ensued between the two which led to the fatal shooting of the deceased
    police officer.
    On account of her husband’s death, private respondent seasonably filed a claim for death benefits with
    petitioner Government Service Insurance System (GSIS) pursuant to Presidential Decree No. 626. In its decision
    on August 7, 1995, the GSIS, denied the claim on the ground that at the time of SPO2 Alegre’s death, he was
    performing a personal activity which was not work-connected which was later on affirmed by the Employees’
    Compensation Commission (ECC. Private respondent finally obtained a favorable ruling in the Court of Appeals
    when it reversed the ECC’s decision and ruled that SPO2 Alegre’s death was work-connected and, therefore,
    compensable.
    Hence; GSIS filed a petition for review on certiorari to the Supreme Court; reiterating its position that SPO2
    Alegre’s death lacks the requisite element of compensability which is, that the activity being performed at the
    time of death must be work-connected.

    ISSUE:
    Whether or not the SPO2 Alegre’s death is compensable pursuant to the applicable laws and regulations.

    HELD:
    Taking together existing jurisprudence and the pertinent guidelines of the ECC with respect to claims for
    death benefits, namely: (a) that the employee must be at the place where his work requires him to be; (b) that
    the employee must have been performing his official functions; and (c) that if the injury is sustained elsewhere,
    the employee must have been executing an order for the employer, it is not difficult to understand then why
    SPO2 Alegre’s widow should be denied the claims otherwise due her. Obviously, the matter SPO2 Alegre was
    attending to at the time he met his death, that of ferrying passengers for a fee, was intrinsically private and
    unofficial in nature proceeding as it did from no particular directive or permission of his superior officer. That he
    may be called upon at any time to render police work as he is considered to be on a round-the-clock duty and
    was not on an approved vacation leave will not change the conclusion arrived at considering that he was not
    placed in a situation where he was required to exercise his authority and duty as a policeman. In fact, he was
    refusing to render one pointing out that he already complied with the duty detail. At any rate, the 24-hour duty
    doctrine, as applied to policemen and soldiers, serves more as an after-the-fact validation of their acts to place
    them within the scope of the guidelines rather than a blanket license to benefit them in all situations that may
    give rise to their deaths. In other words, the 24-hour duty doctrine should not be sweepingly applied to all acts
    and circumstances causing the death of a police officer but only to those which, although not on official line of
    duty, are nonetheless basically police service in character.

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