Declaring the Compensability of Death of An Employee Due to Assault When the Same Occurred in the Course of the Performance of Official Functions Notwithstanding the Fact that the Motive is Personal in Nature
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Declaring the Compensability of Death of An Employee Due to Assault When the Same Occurred in the Course of the Performance of Official Functions Notwithstanding the Fact that the Motive is Personal in Nature
ECC Board Resolution No. 12-03-08
March 9, 2012
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Employees Compensation Commission
ECC Board Resolutions
Labor
Declaring the Compensability of Death of An Employee Due to Assault When the Same Occurred in the Course of the Performance of Official Functions Notwithstanding the Fact that the Motive is Personal in Nature
ECC Board Resolution No. 12-03-08
•March 9, 2012
March 9, 2012ECC BOARD RESOLUTION NO. 12-03-08DECLARING THE COMPENSABILITY OF DEATH OF AN EMPLOYEE DUE TO ASSAULT WHEN THE SAME OCCURRED IN THE COURSE OF THE PERFORMANCE OF OFFICIAL FUNCTIONS NOTWITHSTANDING THE FACT THAT THE MOTIVE IS PERSONAL IN NATUREExcerpts from the Minutes of the Second (2nd) Regular Commission Meeting, Employees' Compensation Commission, Series of 2012, Convened at the Board Room, 5th Floor, ECC Bldg., Sen. Gil Puyat Ave., Makati City, Friday, 09 March 2012 at 12:00 NN. WHEREAS, in the cases of Enao vs. ECC (G.R. No. L-46046, April 15, 1985), Lentejas vs. ECC (G.R. No. 89168, May 14, 1991), and in the case of GSIS vs. Mecayer (G.R. No. 156182, April 13, 2007), the Supreme Court held, in substance, that the death of an employee as a result of a murderous assault upon him/her by an enemy is still compensable when the same occurred in the course of the performance of official functions; cAaETSWHEREAS, in those cases, the Supreme Court ruled that criminal intent should not be regarded as a supervening cause that...
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