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First Meeting: Nov 9, 2012 death benefits and etc. so, right away there, we have two

Today we begin with Social Legislation. What is SL? kinds of death, first you died at work and the one is you died

There are three parts in this law; we take up employee on the bed, what is the difference? One is covered by

compensation which is article 166 up to 310 of the Labor employees compensation and the other one is covered by

Code. It deals with work related sickness, injuries or death. SSS Law. Now what happens if you are not an employee of

Now what are the distinctions between labor standards and the private sector and hired in the government. For

labor social legislation? Labor standards, provides for the example, a fireman, there is a fire alarm, 90% of the fire

benefits and minimum wage levels for the worker at work. alarms the firemen get are false alarm, and only 10% is true.

Social legislation provides for the benefits that a worker and Can you imagine that? You wait for something that you

his/her dependents are entitled too if and when the worker dont want to arrive. What kind of job is that, just like the

ceases to work. And there are several causes for the security guard, night duty or graveyard shift. You go to the

cessation of work. you say death. Death could be work fire and this time is real just when you think that the fire is

related, and there is a presumption that it is work related if under control and you are ready to go, all of a sudden the

it occurs at the work place during hours of work. For roof gives in, thats the end of you. What is that? That is

example, gasoline boy ka, kalit lang ka ug kirig, mamatay ka work-related death because it occurred while you are on

dayon, unsa ma na? the presumption is the it is work related duty at the work place. Now, what law kicks in? Its the GSIS

because you died at the work place and during working law.

hours. That is handled by employees compensation. Let me tell you, when you become lawyers already

A long time ago, it was called work mens and if your skill is lead in the Davao region, and get mixed

compensation, and that is still the language used in the up with other people, they will ask you if you know how to

States but since we want to be different, we call it now perform a constitution and by-laws of a cooperative but we

employees compensation. Whats the difference exactly is did not take up the cooperative code because it is not

the letter, but the same principle. You are a worker and an covered in the bar examination. It is not covered because in

employee of Davao Light, and a regular worker, and a line Manila there are few cooperatives.

man, you are required to have some monkey skills though The difference between Labor Standards and Social
you should not do monkey business. One day, you do not Legislation is this the benefits and entitlements of LS is
wake up and no longer report to work; you died because of true and correct while the workers is at work and for so long
cardiac arrest while asleep. The presumption is that it is not he is working. In SL, the benefits and entitlements begin the
work related because you did not die in the work place and moment the worker ceases to work either because of work
during working hours. What happens to your family? That is related or non work related issue. Give me a non work
where Social legislation comes in because you will receive related issue: AGE, whether you work or not, you will age
benefits but not from the labor code but from the SSS law. like me (father), do not pity me, because you are coming.
You have funeral benefits, and your dependents will have And this is not a race because as soon as night follows day,

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you will age. Your age is a cause for non work. That is called are all active. Those injured and die fall on the Social
retirement in the labor code but in the SSS law, that is called Security, that is why it is call SSSN. It seems that now the
age. If a worker ceases to work because of his age, then there safety net is failing in Europe and forecasted to fail in the
are benefits in the SSS. Now, thats the basic difference. USA. They are having problems now in their social security.

In labor standards, the only beneficiary actually is It seems as Security has more and more entitlements. In the

the employee, the dependents or family is indirectly USA, there is what you call unemployment benefits, and the

benefited because they will partake on his salary or wage. SSS answers the contingency of your loss of work and they

But in SSS law, employees compensation and GSIS, will help you to seek work for a period of 3 6 months

sometimes the dependents are direct beneficiary because provided that you show your willingness to work.

there is such a thing as survivorship benefits. Retirement benefits, how much is it now? Believe it or not,
there are people who receive an amount of 1k as retirement
The line, the remedies, the procedure for recovery
benefit. But in Europe, some countries, even the
in social legislation is administrative and does not follow the
prescriptions of the retirees are answered by SSS. Can you
same line as labor standards because in LS, you normally go
imagine that?
through the labor arbiter for money claims, or you go
through to the regional director of labor if there is not That is the problem, because in Europe, their

demand for reinstatement and the money claim does not government has kept on borrowing to be able to meet the

exceed 5k in the aggregate individual money claim. That is social security needs even the prescription needs of the

the past, but in SL and employees compensation, if you are retirees, as it is provided under the law because it is

in the private sector you go to the SSS to claim employees guaranteed by the government. That is what happened to

compensation. If you are denied, you go to the employees Greece, Ireland, Spain and soon will happen in other

compensation division. If you are in the GSIS, you go to the country. They are called P.I.I.G.S (Portugal, Ireland, Italy,

GSIS board, but if you are denied, you go to the employees Greece and Spain), problematic countries of Europe. Some

compensation commission. From there, you can go to the Filipino who migrated in the US usually petitions their

Court of Appeals up to the Supreme Court. family, and receives pension even with no job, that is
actually the problem of the government. So now they are
That is the objective part. The economic and social
saying that the SSS has no start from the future and bound
part of Social Legislation is this SL must be in existence for
to be bankrupt, as the biggest pyramiding scheme. When it
close to 200 years or 150 years which began in 1890s of the
started, some people have already retired when though they
industrial revolution. So this whole idea of a pension system
have not contributed, so it is already a debt from the
provided by the Social Security and its real founder is
government. You give 10% of your salary ever month and
England, that is where it began. Now, the pension plan
demand s of your salary by the time you retire which is
already began at that time, what has happened to the Social
guaranteed by the system.
Security Safety Net (SSSN), which is called Safety Net. The
picture is the society is the acrobats in the circus and there

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You know the retirement liabilities of the about extraordinary contingencies but contingencies which
automobile industries of the U.S.A, the unions became so are ours, simply by being born. That is what people forget
powerful, included in their CBA retirement health benefits when they start waving flags and starts marching on streets
are shouldered by the employer, even though they have no better retirement benefits.
EE-ER relationship because they are already retired. The
liabilities of this corporations (General Motors, Chrysler and
Second Meeting: Nov 14, 2012 - Carizza
Ford), taking a look at the size, the number of retired forces
Let us begin with Art. 166.
who are living and breathing, if you sum it up, it is greater
Title II
than the sum total of assets of Toyota, Honda and Nissan
put together. No one there needed bankrupt, they needed EMPLOYEES COMPENSATION AND STATE

bail out, and so Obama helped. And the story goes on, INSURANCE FUND

subsidized and subsidized. Somebody has to pay these Chapter I

benefits, in the end, as the economist would say, there is no POLICY AND DEFINITIONS
free lunch.
Art. 166. Policy. The State shall promote and develop a tax-
Social Security. Now let me tell you the story of exempt employees compensation program
Singapore which has a law by which the government is
whereby employees and their dependents, in the event of
entitled to deduct from the salaries of the employee, the
work-connected disability or death, may promptly
equivalent of the SSS contribution but the state of Singapore
secure adequate income benefit and medical related benefits.
does not give any SSS benefits to its workers. so when you
- this is a declaration of policy and purpose.
retire and old, the government said, we will give a law which
you can sue your children if they do not support you. What - Now, employees compensation has been declared

does the government do with the money they deduct from constitutional by the SC in Sarmiento v Employees

the salary? Only 3 things you can do to your salary Compensation Commission 161 S 312, 1988. the SC

deduction, you can borrow from it when you buy your first declared that there is no infringement of workers

home, which is indirectly financing their low cost housing. constitutional rights committed by the Employees

Second, you can borrow from if you are hit by a catastrophic Compensation. The present law on employees

illness. Third, when you retired you will the entire sum of compensation was enacted in the belief that it better

your contribution plus 3% interest of you principal. So you complies with the mandate of Social Justice and is more

are still responsible for your retirement years. advantageous to the greater number of working men
and women.
What Im saying is, retirement you cannot give it to
the state and say its their responsibility. No! In the end, the

government does not make you old, you make yourself old, The features in this law compared to the laws in the
you have to face the ravages of AGE! We are not taking past:

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First, it is not subject to tax. It is tax- exempt, as Art. 166 - work- related sickness, injury or death, there is
provides. something work in the work place. That is why you met

What do you mean with tax-exempt? work- related sickness, you have this work- related
accidents which resulted to your disability. We will later
- the funds that constitutes the source of payment for
on see the technical definitions of this terms because
work- related disability and death is invested, according
these are technical terms that matter in the world of
to the guidelines of the Labor Code. So it earns income
Employees Compensation. You need to be familiar with
and the fund does not pay income- tax. So, from the
these terminologies.
point of view of the fund, it does not pay income- tax.
Those who receive benefits from the fund, yung mga - Compensation here is the equivalent of damages in civil

dependent/ beneficiaries of the employee who meets law.

work- related death, what they receive, there is no - So, the ECP is designed to ensure promptitude in cases
withholding tax or income. Mu- icome ba ba diay ka if of work-related disabilities or death in the award to
namatay na ang bana/amahan?mu- income ba diay ka. employees and their dependents of adequate income

- From those views, it is tax exempt. benefits and medical or related benefits.

Second, the employees compensation program is Third, it is funded by monthly contributions of all covered

designed to insure promptitude in cases of work- employers;

connected disasbility or death, in the award to - it is the employers only who could contribute to the fund.
employees and their dependents of adequate income The employees do not contribute.
benefits and medical or related benefits; - In SSS, there is an employers counterpart and the
- that is found in Art. 166, , may promptly secure adequate employees counterpart. In ECP, there is no employees
income benefit and medical related benefits. counterpart.

- how do you understand this line? Without the ECP, if a - What is more, if the employer contrives to pass on to the
worker meets with work- related sickness, injury or employees the contribution mandated in the Employees
death, he has to go through an encumber some process Compensation Law, the contribution of the employer is
of the regular courts. He has to file a case for damages invalid and illegal and the employer commits an offense
against his employer and make his employer because it is prohibited. You cannot pass it on.
compensate for the work- related sickness, injury or - These, I want to explain to you which is not normally
death, you need to file a civil case for torts and damages explained by commentators.. there is such a thing as
(Culpa Aquiliana) negligence in Criminal Law is employees compensation as an experienced rating. In the
Criminal Negligence. In Civil Law, it is Torts and US, many states, in workplace that has become the site of
Damages. work- related sickness or accidents, they are penalized.
The law requires a higher contribution from them. So it is

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experienced rated. Mas daghan gani mamatay sa imong because there will always be work- related sickness and
workplace, mas dako employees compensation na injury.
musulod. But in the Phils, there is no such thing. There is
no such experience rated. In other words, there is little
Fifth, it provides for benefits which are exclusive and in
incentive to make your workplace safe. So it pursues
place of all other liabilities of the employer to the employee,
work- related sickness and injury. I mean, most of the
his dependents or anyone otherwise entitle to receive
work places are not hazardous. There is no problem with
damages on behalf of the employee or his dependents;
those non- hazardous work places, but it is for the
- from the moment that the ECP pays you, your employer is
hazardous work places since it is they who will the fund, it
absolved from all other liabilities. You cannot collect from
stands to reason that every time they use the employees
your employer and at the same time from the
compensation, there contribution should be increased.
governments fund. This fund makes it easy for employers
That is called experience rating. I dont know if they
to be free from liability. Now, take note that this is a
have increased it but it used to be 20php per employee per
lawful system. You do not have to prove that the employer
month that is outsourced and should be remitted to the
is at fault, what you have to prove is that it is work-
system. If you are govt employee, the 20php contributed
related and that is technical, sickness work- related that
by the employer is given to the GSIS. If you are a private
the death is work- related that the injury is work- related.
employee, the 20php as ECC is remitted to the SSS.
You will later find out what are the requisites to make it

work- related. I will give you an initial problem. Accidents
Fourth, it is compulsory on all employers and their that occur at the working place during the working hours,
employees whose age is not over 60 years old; is defined by the law as work- related.
- can you have employees over 60? There is no prohibition. Requisites to be work- related (injury, sickness, etc):
The employer cannot escape it.
1. at the WORK PLACE
- Divers are considered to be one of the most hazardous in
2. during the WORK HOURS
the US. When do you say hazardous? It is when it exceeds
example: ang imong grandparents sa imung fathers side,
3 deaths per thousand in that occupation, it is considered
diabetic, sa imu pong mothers side puro diabetic, imung
in the US as a hazardous work. I wonder why not
amahan ug inahan diabetic. Ikaw, 21yo, after sa medical
considered as hazardous work is an Ice Cream Taster.
examination, nay borderline diabetes. Unsa imu trabaho?
Magsige gud kag tilaw ana, unya bugnaw, tamis pa gyud,
Secretary ka sa gobyerno. Now, wala man kay trabaho,
then you may get cancer in your throat, larynx and heart
nagputol ka sa imung kuko, there was an accident, kay
problems. Naa pa tong mga naa sa disyerto na
katugon man ka, imbes kuko imu gikuha, unod na nimu. So
nagatrabaho sa old rigs, and then suddenly mawala sila sa st
nagdugo, nagpa- 1 aid ka, tambal2x nila unya pagka-ugma
disyerto, mahutan ug tubig these are hazardous jobs and
ninghubag mana, di gyud mayo hangtod ning-adto ka sa
yet the employees compensation is for all kinds of work
doctor and gi-ingnan ka na putlon ang tudlo kay gi-

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gangrene na na. is it work- related accident? Maglisod man
kag prove ana kay ma- trace mana why namutol ka during Sixth, it has its own adjudicatory machinery with original
working hours na dapat you are working at the work place. and exclusive jurisdiction to settle any dispute with respect
to coverage, entitlement to benefits, collection and payment

- SicknessWork- related, you go to EC fund. of contributions and penalties thereon, or any other matter
related thereto, independent of other tribunals, except the
Examples: If you are an employee, kalit lang na na-sore eyes
Supreme Court. (San Miguel Corp v NLRC, L- 50573, August
ka, din aka kakita,ngano man ka nagkasore- eyes, kay naa
15, 1981)
pud lain na nagka- sore eyes na ningsulod sa trabaho unya
natakdan ka. Is that work- related? NO, it is not work- These are now the characteristics of the Employees

related! Your relief is, you go to the handbook of the Compensation Program

company and look for the number of sick day leave you As to its history, Employees Compensation
have. That is your relief. You charge it to your sick leave Program has a rich and colorful background. In fact it is the
because that is Labor Standards. You must charge it to first labor law in the Philippines. It begun in December 10,
sick leave. 1927 by the enactment of the Workmens Compensation Act

(1)You have just given birth, nanganak ka, you made use and it underwent several Amendments. What we have now

of maternity leave that is one of the benefits that the labor is Employees Compensation, no longer Workmens

code provides you. It is one that the employer advances Compensation. There was a time when it was still

you. It is supposed to be 60 days of your salary advance. Workmens Compensation and the employer was just

But when you are enjoying your maternity leave, gibiyaan required to buy insurance to meet this workmens sickness,

ka sa imung maid kay pista sa bohol, so even if you are not accident or death in case it arise and it would be these

fully recovered, you are forced to do household chores at insurance company that would shoulder these liabilities. But

the same time attending to your baby, nabughat ka, now, it is the government who has organized this insurance

nasakit ka gihilantan ka, that is still sickness! Can you system. All the employers contribute and the government

recover from this sickness while you have already now answers. The government also determines w/n you are

collected for your maternity leave benefits? Can you? YES, entitled to benefits. The government is the custodian of the

you can! You can collect! Sickness, Sickness, Sickness. At funds, the government determines whether you are entitled

least you know where to go. and the government dispenses to the beneficiaries or to the
injured/ sick employee. The government is the insurer and
Sickness Sickness Maternity Sickness
the employers are the ones who contribute to the system.
Leave

EC Fund Labor SSS SSS
Code

Art. 167. Definition of terms. As used in this Title, unless

the context indicates otherwise:

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a. "Code" means the Labor Code of the Philippines instituted gainfully employed, and not over twenty-one (21) years of age
under Presidential Decree Numbered four or over twenty-one (21) years of age provided he is

hundred forty-two, as amended. incapacitated and incapable of self-support due to a physical

or mental defect which is congenital or acquired during
b. "Commission" means the Employees Compensation
minority; the legitimate spouse living with the employee and
Commission created under this Title.
the parents of said employee wholly dependent upon him for
c. "SSS" means the Social Security System created under
regular support.
Republic Act Numbered Eleven hundred sixty-one, as

amended.
- Now here come in the technical terms. You must be able
d. "GSIS" means the Government Service Insurance System
to master it. You need to memorize who are dependents
created under Commonwealth Act
under the Employees Compensation. Please do not make
Numbered One hundred eighty-six, as amended.
the mistake of saying that they are minors because those
e. "System" means the SSS or GSIS, as the case may be.
who are around 18yo are still dependents if they are below
f. "Employer" means any person, natural or juridical, 21yo. Even those who are above 21yo but have congenital
employing the services of the employee. physical and mental defect,tung mga autistic or those who
g. "Employee" means any person compulsorily covered by the contracted disease in their minority which made them
GSIS under Commonwealth Act Numbered One hundred incapacitated. Legitimate spouse living with the
eighty-six, as amended, including the members of the Armed employee, this is important because if they are living
Forces of the Philippines, and any person employed as casual, separately nagbulag na, dili na sila covered ana. Pati
emergency, temporary, substitute or contractual, or any imung parents na wholly dependent sa imung supporta.
person compulsorily covered by the SSS under Republic Act Ang ugangan na nagpuyo kauban nimu? Dili na sila
Numbered Eleven hundred sixty-one, as amended. covered kay what the law says, parents of the said

h. "Person" means any individual, partnership, firm, employee.. thats the meaning of dependents.

association, trust, corporation or legal representative thereof.

j. "Beneficiaries" means the dependent spouse until he/she

- We have to put in here as it is defined in the SSS Law and remarries and dependent children, who are the primary

the GSIS Law, the employee is necessarily a natural beneficiaries. In their absence, the dependent parents and

person, an individual. It is not possible that it will natural subject to the restrictions imposed on dependent children, the

or juridical person. The employee can only be a natural illegitimate children and legitimate descendants, who are the

person. secondary beneficiaries: Provided, That the dependent

acknowledged natural child shall be considered as a primary

beneficiary when there are no other dependent children who
i. "Dependent" means the legitimate, legitimated or legally
are qualified and eligible for monthly income benefit.
adopted or acknowledged natural child who is unmarried, not

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- memoryahon nasad nimu ning beneficiaries. Diria sa m. "Death" means loss of life resulting from injury or
beneficiaries walay parents ha! It comes to question the sickness.
work- related death. Naa mana sila monthly pension. It is n. "Disability" means loss or impairment of a physical or
dependent spouse until she re-marries, dependent children mental function resulting from injury or sickness.
and then if there are no dependent children then dependent

parents subject to the restrictions imposed on dependent
Third, Fourth and Fifth Meeting Emerald Jamora
children. Dependent acknowledged natural children, walay
Now, we have seen the definitions of pro
lain, who are qualified as beneficiaries.
beneficiaries, we are already in ART 167 Definitions, we have

seen dependents, beneficiaries letter (J), we stopped, I think
k. "Injury" means any harmful change in the human organism
in Letter (K) Injury. What is the meaning of injury where it
from any accident arising out of and in the course of the
appears in the law? It means any harmful change in the
employment.
human organism from any accident arising out of or in the
- ah mao na ni. Kinsa maning human organism? And course of employment. Arising out of is locality of the
employee ni. At the place of work, during work. Injury, place at work or in the course of means temporary or
harmful change. How do you distinguish injury from during the course of your employment. There is this
sickness? What is the distinguishing factor? In Insurance harmful change because you must distinguish injury from
you need to distinguish insured damage and natural sickness. What is their difference? BENEFITS.
deterioration of the insured object because of the wear and
Injury is different from sickness because their
tear. It is just like the same problem here. Is it injury or is it
benefits are not the same. If it is injury you are entitled
sickness? Kadtong nasipyat sa iyang nailcutter na instead sa
under the Employees Compensation to rehabilitation
kuko ang unod ang nabira, is that an accident or is it
benefits. Example: Naputlan kag tiil then isumpay then
sickness? if it is one na nagka- gangrene na, it is an accident.
mubo na, you need to learn to walk again. You have to have
<end of discussion> therapy. Now, that is allowed in injury benefits but not
allowed in sickness benefits. Thats the big difference. The

l. "Sickness" means any illness definitely accepted as an law says any harmful change in the human organism

occupational disease listed by the Commission, or any illness Harmful change nagchicken pox ka, nagchange imong

caused by employment subject to proof that the risk of skin, is that a harmful change? The SC says that the change

contracting the same is increased by working conditions. For in injury is sudden. Change in sickness is gradual.

this purpose, the Commission is empowered to determine and In the human organism from any accident arising
approve occupational diseases and work-related illnesses that out of or in the course of employmentnow there are
may be considered compensable based on peculiar hazards of these cases here I tell you, you can write a drama. Read this,
employment. pildi mga telenovela and pay attention to the crucial details.

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For instance, Luzon Stevedoring vs. Workmens corn mill. The rice that they were about to collect which is
Compensation Commission: already paid by the rice mill, most rice mill naay gitawag nga

Notorious Negligence, the ruling is not found here, it is dicer ba dayon mamalit then ibilin ra didto den pakuha ra.

found in jurisprudence, in case of work related death, To get the palay you have to cross the river. The day before

negligence on the part of the employee does not bar the river was swollen sa di makatabok, so they tried to use a

recovery. Remember what I told you the translation for Bangka. Ok pa to sa 5 creeks, so sa last creek ang bangka

negligence is kadanghag, ordinary negligence is not a bar gikargahan, niapil sad xa, natikwang man, capsized, naapil

to recovery. How about gross negligence? The SC has found ang mga palay kalunod, apil pud xa and he did not know

a decision it is not a bar. Even gross negligence is not a bar, how to swim. Is that negligence? The SC said that is NOT

what is a bar, NOTORIOUS negligence thats a technical notorious negligence. That is simple miscalculation. As

meaning in employees compensation. And this case, is proof, 5 creeks were made walay nahitabo, why is it that the

about the barge tender, kanang barge passage to those who 6th creek it capsized? Notorious negligence is very hard to

carry weight for instance, those used to carry diesel fuel or capture because the court will give the benefit of the doubt

gasoline. It is towed by a tag boat, now there is a tender, to the employee so that he can collect from the Employees

there a barge tender. Kanang barge wala man nay structure Compensation for so-called work-related injury or death.

it is an oversize box that floats with a small house where the Naa pa jud usa, it involves people working in the
tender is supposed to fix, etc but the tender must always be pier, nagtrabaho sa (Alastre?) loading and unloading
there to make sure that nobody steals. Now this particular vessels, karon kay dili na, kay containerized naman karon,
tender, di kabalo mulangoy, wa man xay day off, asa man xa niadto kay dili man. Mga tao diri dili man jd dagkog lawas
maligo? Naligo xa dinha ra. Naanod man xa patay xa. Now kay ang technique ana kay naa man sa liog. In this instance,
will you say that he is NOTORIOUSLY NEGLIGENT so that overtime, cge silag alsa2x dinha. One of the stevedores, one
he cannot be able to collect from the Employees of them asked for a drink, they are working ha and they are
Compensation for death that is work-related? It happened drinking. Ang nahatag kay dili man vino kulafo kanang
at work and in the course of his work. The SC said that is ilimnon nga nagdalag bunal but kato man oil of
not notorious negligence. You can take a bath there holding wintergreen. Perting pataya niya! Question then is that
on to the barge or an appendage. That would still be notorious negligence? Xaro dili ka kaila sa wintergreen ug
considered as a prudent not notoriously negligent act. The vino kulafu. SC said that is still not notorious negligence.
SC said, daghan man tao muadto suba dili kabalo mulangoy There is also a rule, if you are breaking the law at the time
nganong xa kung maligo xa notorious man xa? That is the that the accident or injury takes place, you cannot recover
case and you read it, read the discussion. This is social so the issue there is: Is drinking at the workplace not
legislation so its supposed to be in favor of labor. breaking the law? Diba that is an offense, drinking while

Again, Paez vs Workmens Compensation: Driver ni working? The SC said that this court takes notice that there

xa, kanang driver sa palay. Kanang suguon sa rice mill or are certain workplaces where if you have to continue
working you must imbibe spirits. Isa ana kay stevedoring,

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because the work is so disgusting and painful you need to extension of the workplace, everybody who works there
drink to continue working. passes through that road.

You know, Cosmo before had a contract with the Now, these are the types of cases in the bar exam.
city, early 1980s, time were there was Alsa Masa, they will Because these are the cases that define the peculiar nature
retrieve those men who were salvaged. They have that old of the employees compensation. So read these cases, I
rickety (jitney?) and they have ropes to retrieve bodies from cannot discuss all the cases. Read this so that you will
mountains and the city will pay. Is that the kind of work become familiar, these are what the SC called Defining
that makes you wake up in the morning happy? No, Cases.
kinahanglan hubog ka to do it. Nanimaho na gud nang mga Letter L is Sickness. Sickness means any illness
patay didto. That is what the SC means. So there was no definitely accepted as an occupational disease listed by the
wrong committed. commission or any illness caused by employment subject to
General Rule: Now, injury must occur at the proof that the risk of contracting the same is increased by
workplace. Exception: if you are outside the workplace, on working conditions. For this purpose the commission is
your way to the workplace or leaving the workplace. The empowered to examine and approve occupational diseases
Going and Coming Rule, you can no longer collect from the and work-related illnesses that may be considered as
employees compensation when you meet an accident or compensable based on peculiar hazards.
injury upon going and coming. Are there exceptions in the For sickness under Employees Compensation there
going and coming rule? There is this so called Proximity are 2 kinds:
Rule, kung duol kaayo sa tanan. Bag-o ra xa nag punch out
1.Occupational Disease- the law has listed cases, all
sa guard kay pauli na xa, pagtikang niya, niingon na ang
you have to prove is that you are in this occupation and that
guard, o naa nay jeepney. Pagtikang nya sa jeepney
you have this illness. Example: Pintor ka. Occupational
nabulasot siya. Its so near, everybody has to pass there so it
disease ana? TB. Payat sila. Ako wa pako kakita ug pintor
is equivalent to the place. It falls under the exception of
nga tambok. Mga niwang. Kay naa man na xla tinuhuan, ga-
proximity rule. Ex. Highway, there is a road about 100
inom pagkahuman trabaho kay iwaswas nila ilang
meters leading to the factory site, the road has only one
giginhawa.
destination, the factory, everybody passes there. Now, as
Before lithographers and printing shop workers, the
you are already going home, while you are waiting for a
printing shops had letterpresses with lead. Lead fumes,
public transportation, there is a shot and you are hit, you
mutapot na sa baga mahimong TB. Thats why TB is an
die. Napusilan ka ba. Technically speaking, you are not in
occupational disease for printers.
the workplace. Did it occur during working hours? No,
Black lung disease for underground coal miners. Now, they
punch out naman ka. Question: can he recover from
have filters or breathers. But ngano man mga tao ila jud
Employees Compensation? SSS says NO. Employees
tanggalon. Init man gud au ug humid ug katol sa nawong.
Compensation: NO. SC says YES!! Because that road is an

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You have to prove, you are in this occupation and your Compensation: Occupational Disease and those where the
sickness. Ok naka. risk of contracting the same was increased by the conditions

2.Any illness caused by employment subject to of work.

proof that the risk of contracting the same is increased by CONTINUATION

working condition. Increase Risk Doctrine. Under Alright, we went through the definitions, we
Workmens Compensation, when you apply for benefits for defined injury, sickness and the differentiation between
sickness work related there was a presumption of injury and sickness ART 197 K and L. I would like to point
compensability. Burden of proof was for the employer. That out to you one word which does not mean its regular
he did not contract the disease in the workplace that he meaning. Remember in statutory construction, technical
contracted it somewhere else. Mu-ingon ka claim ko under words are supposed to be given technical meaning.
employees compensation. Unsa man imong sakit? Aids. Ordinary words should be given ordinary meaning. Now
How did you contract Aids in the workplace? You there is an exception to the rule, Letter S. It says here,
contracted it somewhere. In the workmens compensation APPLIANCES. What is the meaning? Refrigerator, TV.. etc??
the employer bought insurance. He was only paying NO! The appliances here are crutches, artificial aids and
insurance. It is the government that is holding the funds. It other similar devices. What is the meaning of that? Because
is the government which is the insurer. What is the proof in cases of injury that involves disability you are entitled not
needed? Must there be proof of causality? These are working only to medical or hospital benefits but also entitled to
conditions, this is the disease, these conditions that caused rehabilitation benefits, to restore you to your pre-injury,
the disease, is that the proof that is needed? SC said NO. All productive capacity. For example, you lost an arm. You can
you have to point out is that there is an increased risk of be given prosthesis, an artificial arm. If your leg is
contracting disease by the working condition. amputated, then you are entitled to appliances crutches,
Ex. Principal. The course that she was supervising was artficial aids. You are an exclusive supervisor of the mines,
scattered all over the mountains. Means of transportation, you shut down on the switch, nibuto, nabungog ka, you can
motorcycle. Ang iya bana ang magdrive, xa sa likod. Cancer no longer hear, you are given appliances like hearing aid and
of the colon iyang sakit. Deny ang SSS. How can you prove that is charged to the employees compensation fund. Under
that your colon was affected na supervisor ka. Employees the employees compensation law, an appliance is any
Commission also denied. SC says that kind of condition, artificial aid and other similar devices.
riding in the motorcycle, init, untol2x, extreme weather Now, the definition of dependent and beneficiaries.
conditions, although science had yet to find the cause of First you have to know the definition of beneficiaries
cancer this court was convinced that the risk of contracting because dependent is just a modifier of the beneficiaries.
the same was increased. Kung ikaw naka aircon ka, nag- Letter J. Beneficiaries means the dependent spouse, until he
office then cancer imo sakit, dili na. So remember the 2 or she remarries and dependent children who are the
kinds of illness that fall under the Employees primary beneficiaries. What is the meaning of dependent as

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it is applied to spouse? Letter I. The legitimate spouse living Physical defect, he is dependent even if above 21 years of
with the employee. If this spouse is already separated to the age. And yet that guy is capable of self-support. Can he be
employee, he is not a primary beneficiary because he is not a still a beneficiary to his parents in a work-related accident?
dependent spouse because he is not living with the Even if you have a physical defect if you are self-supporting,
employee. The beneficiary living with the dependents. Who you are not incapable of self-support then you are not a
are beneficiaries? PRIMARY BENEFICIARIES The beneficiary.
dependent spouse until he or she remarries. The employee Aside, from primary there are secondary
dies out of a work-related accident, now the spouse is living beneficiaries. They happen to claim in the absence of the
with him, used to live with him so she is entitled. After primary beneficiaries. Only in the absence. Who are they?
receiving 2 months benefit from the employees The dependent acknowledged natural child, in their
compensation, he says now I am free and remarries, she is absence, the dependent parents and, subject to restrictions
no longer a beneficiary because she has remarried. That is imposed on dependent children the illegitimate children,
the meaning of dependent spouse. and the legitimate descendants who are the secondary
Dependent children means legitimate, legitimated, beneficiaries. When you say legitimate descendants -that
legally adopted or acknowledged natural child who is means the grandchildren of the employee. The
unmarried, not gainfully employed and not over 21 years of grandchildren only come in if there are no primary
age or over 21 years of age provided that he is incapacitated beneficiaries. That means the child is already dead. Then it
due to a physical or mental defect which is congenital or says, provided that the dependent acknowledged natural
acquired during minority. Remember this. Legitimate, child shall be considered a primary beneficiary when there
legitimated. It all brings back your knowledge in persons are no other dependent children who are qualified and
and family law. Legitimated: considered born out of wedlock eligible for monthly income benefits. There are no
but subsequently becomes legitimate because the parents dependent children, there is no dependent spouse, there is a
got married. All you have to do is to bring the marriage dependent set of parents but then there is an acknowledged
certificate to the civil registrar and annotate the birth natural child. What happens? The parents are not
certificate and then a new one will be issued. Provided that beneficiaries because the acknowledged natural child is
in the birth certificate, it was written there the parents. considered a primary beneficiary. Now we are going through
Legally adopted or acknowledged natural child who is this because you will be given these kind of problems in the
unmarried, not gainfully employed and not over 21 years of bar examination. Theyll try to confuse you.
age. When you are 19 years old and you are married, you are Children who are already married will come to
not a beneficiary anymore. If over 21, they should not be claim from the fund because theres no more wife, there are
capable of support because of physical or mental defect. He no parents but there is one acknowledged natural child who
was born without arms or legs. You go to YouTube and is mentally defective, he is in the asylum. The children, they
listen to the preacher who has no arms and legs. He is the are already married, they are not dependent children, and
most believable preacher, because of what he does not have.

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the one in the asylum is the one who will take place of the your behalf by the employer, before you turned 60 now you
primary beneficiary. So there are many combinations of have turned 60 and they continue to employ you. You are
problems here. We will see this again in the SSS and the covered, but if you entered and you are 61 but they accepted
GSIS law. you because retirement is 65years old, you are not covered.

Alright now, letter Y and Z, average monthly salary Why? Because the law says so. Is that discrimination? You

credit that is the equivalent of your monthly salary but not are denied coverage because of your age? The denial is

the same amount, there is a formula, never mind they will according to law. Why? They might increase this. In the US

not ask you. So, this was a little less than your salary. This is they have increased the retirement age. Why? If they dont,

the basis of the benefit that will be given to you in case of there will be more people collecting from the SSS than

disability or in case of your death that will be the benefit contributing. Thats why. Before 60 now I think it is already

given to your beneficiaries. Average monthly salary credit 62.

there is an equivalent to average daily salary credit that is There are 3 entities that have a role to play in
divided to 12 calendar months. employees compensation:

Semester means two consecutive quarters ending in 1. The Employees Compensation Commission-
the quarter of death, permanent disability or sickness. We 2. SSS
need to know the meaning of semester because, they will
3. GSIS
say the requirements for this benefit is 3 monthly payments
Roles of the entities:
immediately preceding the semester and you know what
1. They collect the employees compensation
semester means 2 quarters, pero not exactly of the
premiums remitted by their employers. That is what the SSS
calendar year. Count the quarters put them together that is
and GSIS does. How about the Employees compensation
the semester.
fund? No. they have no collection arm. It is the SSS (SSS
Let us now go to coverage and liability ART 168.
employees) and GSIS (Public Sector Employees).
When you say coverage, there are 2 issues: coverage as far as
2. SSS and GSIS manage the State Insurance Fund.
the employer is concerned and coverage as far as the
Which collection is bigger? SSS. Latest figure is the GSIS
employee is concerned. The law says in 168: Coverage in the
membership is something like 1.7 million. The SSS is
State Insurance Fund shall be compulsory upon all
something like 17M. SSS has more money to manage. Very
employers and their employees not over 60 years of age:
easy to find out the employees compensation you just
Provided, that an employee who is over 60 years of age and
multiply that with 20 pesos that is paid by the employer for
paying contributions to qualify for the retirement or life
each employee.
insurance benefit administered by the system shall be
subject to compulsory coverage. Does that mean that those 3.SSS and GSIS evaluate the claims of the

that are over 60 are no longer covered? Not exactly. If you employees compensation fund. If they deny it, it is appealed

have been a member of SSS and contributions are given for to the Employees Compensation Commission, evaluates it

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on appeal and grants or denies it. They are stricter than the under Employees Compensation Program commences also
SSS and GSIS. from the day of employment as may be inferred from the

Now effectivity for the employer under the provision of the law. From the date of employment. If you

implementing rules of the labor code, compulsory coverage have been made to work on that 1st day you are covered,

of the employees under the Employees Compensation Fund maski ingnon pa nila nga wala pa na-process imong

shall take effect on the 1st day of the operation. What do you appointments, mga kuskos balingos sa government offices.

mean operation? Construction company ka, you have Grounds for compensability require that:
already signed a contract to construct a 20-storey building. 1. The injury results in disability or death. Na-
In the contract theres a schedule 10 days mobilization and aksidente ka, wa ka na-disable and wa ka namatay and uban
constituting of the workforce, then after start of disability or death. Xla raba diay makakuha? Pareha bya mi.
construction. Kanus-a nag-sugod? Pagsugod nimog ka-hire So if you are not hurt or if you had not died, you cannot
kay operation na na xa under the law even though under the claim.
contract wala pa. Covered. The worker that is already
2. The disease, sickness or illness must result to
required to appear there are considered working and
disability or death.
operating, thus you are considered covered.
3. The injury must (this is in the implementing rules
Now lets take a look, when is the effective date of
by resolution of the ECC dated July 25, 1984) be the result of
compulsory coverage to the employee? On the 1st day of
an accident arising out of or in the course of employment.
employment. Before the date of employment o before wa pa
How was that being interpreted? Arising out of or in the
xa gipatrabaho pero gipa-report na. Coverage. Pareha sa
course of employment, it means that:
construction worker nga pagkaugma pa xa magsugod pero
a. the employee must have been injured at a place
naa na xa pagkagabie para sau magsugod pagkabuntag,
where his work requires him to be,
covered na na xa, matabunan xag unsa man diha. Covered.
b. he must be performing his official functions
1st day of work. Now, somebody else who is not yet working
he is not yet covered. As far as the employee is concerned he c. if elsewhere he must be executing an order of

is covered on the 1st day of work meaning the 1st day you employment

are required, expected to report even when you are not Now here comes this public employee, _________
actually working, if you have been made to report. Is this vs. City of Manila (sori inaudible jud xa). He died. He met
the same rule as of the public sector? GSIS. Public Sector- his death in a public street which happened while he was
involves employees in the national government, employees crossing the street to go to an unsafe place to relieve
in the justice dept., even includes the military. What is the himself. There being no toilet facilities provided by his
1st day of work for them? The Government Service employer. Is relieving yourself an official function? No, that
Insurance System Implementing Rules says: effectivity date is not an official function. But if you met an accident while
of the compulsory coverage of employers and employees you were relieving yourself, is that compensable? That is an
example of the rule which is an exception of arising out of

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or in the course of employment What is that exception? workplace and you are doing work. What happens if it is
That the act is reasonably incidental to the employment. working hours and you are not at the workplace and you
There are many cases of employees who died while relieving meet an accident? Is it covered? And that is one of the
themselves. There is one case when the employee went to issues.
the house across the street to the house of the employer. Lets say its a construction company. In the case of
Went to the kitchen to get water. But then they had a (Belosillo?) vs City of Manila, the person hit on a public
Doberman, he was bitten. He died. The SC said that it was street and what happened as he was crossing the street to go
the fault of the employer because he did not maintain to an unsafe place to relieve himself there being no toilet
drinking facilities in his workplace. Even though he is no facilities provided by his employer. Is that compensable? In
longer in the workplace, he is not performing his duties, it is other words he intentionally left the workplace because he
still considered as arising out of or in the course of wants to relieve himself. In crossing the street he is hit by
employment. Remember, that rule. An act that is reasonably the vehicle this is an incident arising out and in the course
incidental to the employment. of employment. The SC said yes, why? Because there is a
So youre still in the rules with respect to reasonable connection. It is incidental to the employment.
compensability when it comes to work related injury. And Tanan empleyado would want to relieve themselves either
we said that this is the locus of most of the questions of the minor or major. It is incidental to employment to relieve
bar exam. Whether or not an injury is compensable under yourself. So it has been interpreted as reasonably incidental
the Employees Compensation Commission, Employees to employment and therefore deemed as arising out of and
compensation of course has changed the rules in in the course of employment.
Workmens Compensation system where the employer is You are not working because it is lunch break it is
forced to pay insurance to work-related injury. There is a not exactly working hours. While eating natuk-an ka.
presumption of compensability. But now there is no longer Namatay! The court said that is compensable, reasonably
that presumption, although in one case for policeman and connected, incidental to. Is that presumption of
members of the Armed Forces that presumption still stays compensability? No! There is a reasonable connection
and why is that? Because the state is now the insurer and because all employed when it is mealtime they eat. So it is
the state is not supposed to abdicate its primary interest and reasonably connected.
obligation to care towards its citizens. That alone is the
Alright, another question, the law requires that the
reason for all the claims of compensability under the
cause of death from injury must be known in Tort Law as
Employees Compensation to be in no need of presumption
Proximate Cause. The definition of Proximate Cause is quite
of compensability.
different from the definition in the Employees
Now, there are the issues of what is called arising Compensation. The definition is that cause which in its
out of and in the course of employment and that which has natural and logical sequence uninterrupted by any efficient
been interpreted as occurring in the workplace. At the cause, leads to and without which the injury occurs even it

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may not be the immediate cause. Truck gitumba ang poste. which was also the cause of her death. The SC ruled, the
Pagtumba sa poste, natumba sad tung tupad murag domino teachers fall was the proximate or responsible cause that set
buh hangtud sa last poste nya naay wall natumba didto, in motion an unbroken chain of events leading to her
nabungkag ang wall naa xa dinha dimalas xa. Unsa may demise. That fall was the primary injury that arose in the
cause? In tort, kadtong nagtumba sa primero nga poste that course of her employment as a teacher. Hence for the
is the proximate cause which in its logical and natural medical consequences, her recurrent abdominal pains,
sequence leads to the injury unbroken by any efficient premature delivery of her baby, septicemia and death are
cause, walay nakapasamot. The immediate cause is the wall compensable. Kung naay efficient cause sa story kay careless
but the proximate cause was the truck that hit the post. Ang or danghag nga nurse that caused the infection. Naa nay lain
truck naay driver kadto and sal-an sa tort kay mao man xa cause. Although in tort, naa tay infection nahitabo ngatud
ang proximate cause. Now, Employees Compensation namatay. If it is ordinary course and mistakes that still does
definition of proximate cause was in Bellarmino vs not break the logic and sequence of proximate cause.
Employees Compensation 185 SCRA 304 May 11, 1990. Gidunggab ang tao. Nahospital. Mamatay unta xa gisalbar sa
Taas au. Proximate cause or responsible cause is that cause doctor naa xas hospital recovery na unta xa, na-infected xa
acting first and producing the injury either immediately or by hangtud namatay. Can you charge the person instead of
certain other events in motion of constituting a natural and serious physical injuries to homicide? Thats allowed is it
continuous chain of events each are in a close causal not? There is a what is this, there is a sequence that is
connection with its immediate predecessor the final event in considered as not broken even if there is an intervention of
the chain immediately affecting the injury being a natural and infection.
probable result or cause which first acted under such Again, this is the consequential injuries rule, that
circumstances that the person responsible of the first cause one is proximate or responsible cause of the injury, here is
should as an ordinary prudent and intelligent person have another Ex. Teacher, slipped and fell resulting in serious
reasonable ground to expect at the moment of his act that the injury and was brought to the hospital. The school called an
injury to some person might probably result to death. This is ambulance on the way to the hospital, it figured into a
a justice trying to improve the language and definition of collision. Nadasmagan ug ten-wheeler! Patay ang teacher!
proximate cause, gilibog niya samot. Isa nagud ka She didnt die with the injury but died in another accident,
paragraph. this time he was not at work or during working hours. SC
There is a story of an 8-month pregnant teacher of says Compensable! This is the consequential injuries rule.
11 years experience. She accidentally slipped and fell while Why? You would not have taken the ambulance had you not
teaching. She complained of abdominal cramps which met the work-related accident so, the meeting of the ten-
continued for days, despite which she still continued to wheeler was a consequence of the accident. Rule: for the
report to work after 11 months, she prematurely delivered a second and subsequent injury to be compensable whether
baby girl. But her fever persisted, the ailment was diagnosed the same is a distinct injury or an aggravation of the injury,
as septicemia post partum due to infected vaginal laceration the same should be the direct and natural result of the first

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and prior compensable injury. There must be a chain of highway and a railroad in the compound that intersected
causation effectively unbroken between the compensable the highway, while waiting for a ride home, he was bumped
injury and his death which is the direct and natural by a jeepney causing injuries. The injured was actually with
consequence. the other employees waiting for transportation. There is

What case is this? The case is Diopenes vs GSIS nothing in the records that the company had taken other

205 SCRA 331 1992. This is a case of a govt ee. Budgeting measures to make the waiting place safe for the employees.

personnel. Hold-up, nya naay una then another attack, the As a result the SC said that is a compensable injury. The SC

GSIS said wala di na compensable, retire na man xa na- reiterated the GR: injuries sustained by the employee

attack pa xa. The SC said the 2nd attack was a product of the outside the premises of the employer by going to and

1st attack, even if he suffered a second attack after his coming from work are not compensable. The

retirement this supervening event would not defeat his compensability of an injury suffered by an employee

claim for compensation benefits. proceeding from going to or coming from his work depends
whether or not it is work-connected. What is work
Alright, again another ruling. These are new rulings
connected? Whether or not you are being outside of the
with respect to off the premises injury; remember I told you
companys premises. Katong ilang pagtindog2x didto is work
there was a General Rule: that no compensation was given
connected asa ba pa ba diay ka magtindog. That was the
when the accident was going to the workplace or while
nearest place and it was unsafe. Whose fault? Employer. EC
leaving the workplace because you are no longer in the
ensures you from the perils of the work place, you are
premises. That is the General rule: the going and coming
insured from the perils of the workplace. In other words, EC
rule.
covers occupational injuries which as such has causative
Now, there are exceptions, 1.) If you meet the
connection with something not merely in common with the
accident going to the workplace or going away from the
public but peculiar to the employee. This place is not
workplace, from the highway to the road, the road leads
common to the public; no one is waiting there who is not an
nowhere but the factory. Naay nagpabuto ikaw naigo. The
employee. So there is a causative connection. To underscore
SC says, that road is considered an extension of the
the fact that there is no special circumstance in this case to
workplace. Pero pag napusilan ka sa any highway everybody
make it an off-the premises injury, we compare this case to
has that chance na mapusilan but that road only workers are
Phil. Fiber Company vs Ampil. 1956 case. Where the
using that. So there is an extension of the workplace.
injury sustained by the employee was held to be nonetheless
Pampanga_______ Inc vs Donato Quiros 16 scra
compensable. The employee here was running to go to his
784 1966. He is employed as a centrifugal operator by the
work to avoid the rain, he slipped and fell to a ditch in front
petitioner company. Reported work March 7, 1958 at about
of the factorys main gate. The ditch is an obvious hazard
9:30 pm night shift man ni xa. He was dismissed around 5:30
which owing to its proximity to the gate, the employer
AM the next day, soon after he stepped out the company
should have taken measures to remove. So, by his inaction
gate, and while standing about 2 and a half meter between a
he had contributed in a special way to the accident. The SC

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said in the Quiros case there is no particular causative Mga sundalo from Jolo, they want to go home. They
connection between the injury sustained by the employee are given permission to bring their firearms, why? Because
neither his work or employer although as stated in the the locality is subject to insurrection this are during the
decision that records did not show that the company had 1970s. Silang duha, hapit na sa ilang barrio, took a pedicab
taken measures for the safety of the place neither the ride, silang duha, while ga-untol2x, na-discharge and
accident occur at the usual waiting place of the employees firearm, patay iya kauban, compensable? Yes. Why? Perils of
or that the same place was particularly unsafe. So since that the workplace. For the military you are not only in danger
the Quiros case, adjacent, unsafe, the SC did not buy it and with natural fire but also friendly fire that will not only
rejected the compensability contrary to the ruling of the unfriend you but to put you to death. Many rulings, favorite
Ampil case, dagan2x xa, taligsik na sukamod xa sa imburnal. subject in the bar exams.
Which reminds me of a very famous case (Yokiko?) vs City So the PNB case is called the special errand rule.
of Manila. Landmark case. Dagan2x sad xa, buwasot xa sa You are not out there on your own you have permission so
manhole, with the special provision that the city is liable for therefore, even if you are not actually in the work premises
the injuries that occurs in city property, last week gipulihan it is as if you are. Even if you are not actually in the
na namo, gikawat, cge ra mig puli, is it negligent to the part workplace but so near that is what is called the ingress and
of the city? The SC said, thats not an excuse, very special egress proximity rule. Remember, if the employer fetches
provisions of the CC has to do with the property of the city you and provides transportation, anything that happens
and their control and supervision. There are so many cases. when you are in the transportation that is work-related
Sometimes we do not understand why the SC is so because the bus that is provided is an extension to the
magnanimous. PNB security guard, naa silay rice allowance. premises. The bus is supposed to be under the full control of
This guard has permission from the manager to go home to the employer. But take note in labor standards wa pa nay
Cavite to bring his sack of rice, gi-tugtan siya. So he had labot sa compensable working time. Until you get to the
permission. Nadasmagan iya gisakyan. Patay! Is he at the actual work station that is when there is compensation for
place of work? NO. Is it working hours? NO. Is it Employees Compensation covered na for purposes in labor
compensable? Yes! Because he was where he was given standards dili pa covered, but sa benefits granted that
permission by his superior to be. He was given permission. cannot be taken away. Art 100, prohibition against
Salesman naa siya sa parking lot, common parking diminution of benefits.
lot, na-flat tire, gi-jack niya iya sakyanan, niligid iyang
(range?) sa sulod, so iyang gikamang. As he was inside there,
naay nagdula ug bola. Ang bola na-igo sa jack. Is that
compensable? Not awarded. There is an efficient cause that
intervened. The perils there in the parking lot are not the
peril in the workplace.

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