CASE DIGEST: Nitura v. Employees' Compensation Commission

 


JUANITA NITURA, petitioner, vs. EMPLOYEES’ COMPENSATION COMMISSION and GOVERNMENT INSURANCE SYSTEM (PHILIPPINE ARMY), respondents
G.R. No. 89217                  |              Sept. 4, 1991

FACTS:

In the evening of March 2, 1986, Pfc Regino S. Nitura was instructed to go to San Jose, Dipolog City to check on several personnel of the Command who were then attending a dance party. On his way back to the camp, he fell from a hanging wooden bridge connecting Barangay San Jose, Dipolog City and Barangay Basagan, Katipunan, Zamboanga del Norte, his head hitting the stony portion of the ground.

Petitioner filed a death claim for compensation benefits with the GSIS. However, it was denied on the ground that the condition for compensability, that the injury and the resulting disability or death must be the result of an accident arising out of and in the course of the employment, has not been satisfied. Her request for reconsideration was likewise denied on the ground that her son was not at his place of work nor performing his official function as a PA soldier when the accident occurred.

The ECC affirmed the denial of petitioner’s claim by the GSIS.

ISSUE:

Whether or not the death of Pfc. Nitura is compensable

RULING:

The concept of a “work place” referred to cannot always be literally applied to a soldier in active duty status, as if he were a machine operator or a worker in an assembly lne in a factory or a clerk in a particular fixed office. A soldier must go where his company is stationed. In the case at bar, Pfc. Nitura’s station was at Basagan, Katipunan, Zamboanga del Norte, But then his presence at the site of the accident was with the permission of his superior officer having been directed to go to Barangay San Jose, Dipolog City. In carrying out said directive, he had to pass by the hanging bridge which connects the two places. As held in the Hinoguin case, a place where soldiers have secured lawful permission to be at cannot be very different, legally speaking, from a place where they are required to go by their commanding officer.

A soldier on active duty status is really on a 24 hours a day official duty status and is subject to military discipline and military law 24 hours a day. He is subject to call and to the orders of his superior officers at all times, 7 days a week, except, of course, when he is on vacation leave status. Thus, a soldier should be presumed to be on official duty unless he is shown to have clearly and unequivocally put aside that status or condition temporarily by going on an approved vacation leave. Even vacation leaves may, it must be remembered, be preterminated by superior orders. In the instant case, the deceased was neither on vacation leave nor on an overnight pass when the incident occurred. In fact, he was directed by his superior to check on several personnel of the command then attending the dance party, as attested to by his Battalion Commander. Hence, since Pfc. Nitura was not on vacation leave, he did not effectively cease performing “official functions.”


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