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.
