Tancinco
vs. GSIS and ECC, November 16, 2001, G.R. 132916
SPO1 Eddie G. Tancinco was shot dead by five (5) unidentified armed men
while off duty and repairing a service vehicle in front of his house. His widow
claimed for benefits. The GSIS and ECC denied the claim for lack of proof that
the death of Tancinco was work-related.
Issue:
Whether or not Tancinco’s
death was compensable.
Ruling:
Tancinco’s death was not
compensable.
The Court held that the facts and circumstances
surrounding the decedent’s death failed to comply with the grounds set forth in
Section 1, Rule III of the Amended Rules of Employees compensation for the
injury and the resulting disability or death be compensable, to wit:(1) The
employee must have been injured at the place where his work requires him to
be;(2) 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 the employer.
The
Court held that when the decedent died, he was not doing an act which is “basically police service in character”
though he be on active duty call or otherwise nor was he pursuing a task
ordered by his superior. He was, at the time he was killed, repairing his
vehicle at his own home. Bereft proof of compliance with the requirements, the
death was non-compensable.
