Valeriano vs. ECC and
GSIS, June 8, 2000 GR 136200
Facts:
Celestino Valeriano was
employed as a firetruck driver. On the evening of July 3, 1985, after having
dinner with a friend, Valeriano met an accident
and was severely injured when the vehicle he was on collided with
another. Valeriano claimed for benefits from the GSIS which the latter denied
for being non-compensable. The ECC and CA sustained the system, reasoning that
the injury resulted not from an accident arising
out of and in the course of employment nor was it work-connected.
Issue: Whether or not
the injuries sustained by VAleriano in the collision was compensable.
Ruling:
Valeriano’s injuries
were non-compensable.
Valeriano’s contention,
citing the Hinoguin and Nitura cases, that the 24-hour doctrine be applied to
his case since the exigency of his job demand it to be so was held untenable by
the Court. The Court did not find any reasonable
connection between his injuries and his work as a firetruck driver. Applying
the principle laid down in the Alegre case, the 24-hour doctrine is not meant
to embrace all acts and circumstances of an employee though he be on active “on
call” duty. Valeriano was neither at his assigned work place nor in pursuit of
the orders of his superiors when he met the accident. He was also not doing an act within his duty
and authority as a firetruck driver, or any other act of such nature, at the
time he sustained his injuries. In fact, he was pursuing a purely personal and
social function when the accident happened. The accident not work-connected was, therefore, non-compensable.
