Case Digest: Jahuran v. GSIS, ECC Case No. 3551, March 29, 1989

Labor Law | Policy and Definitions

Presumptive Compensability: Not Applicable

  • Abduljan J. Jahuran was a captain of the Philippine Constabulary. 
  • On March 1, 1984, at around 12:30 p.m., Jahuran, after taking lunch at his residence was shot to death by a certain Wilson Bili with an M-16 rifle. 
  • Eyewitnesses said that assailant appeared on the doorstep of the residence wearing a fatigue uniform, and upon being asked about the purpose of his visit, suddenly opened fire on Jahuran.
  • The claim for death benefit filed by the widow was denied by the respondent System, which said that the contingency was not compensable because Jahuran was not performing his official functions when shot.
WoN the death of Jahuran is compensable under P.D. No. 626. NO

We find no error in the respondent System's denial of the claim.

The circumstances surrounding Jahuran's death give no indication that he was exercising his official duties. Indeed, they reveal that the incident was brought about by personal conflicts. 

Although in such cases as this, this Commission usually adopts a presumption that the death is compensable (Employees' Compensation Commission Resolution 908), the same cannot be applied to the instant case because of the absence qualifying circumstances

Whereas, because of the country's insurgency problem and certain serious peace and order problems, conditions and situations, it has become generally perceptible that on account of the nature and conditions of work peculiar to members of the Armed Forces of the Republic of the Philippine (AFP), AFP members have become "marked men" insofar as insurgents and other lawless elements are concerned and, therefore, such insurgents attempt to injure or slay soldiers and other members of the military at every opportunity.

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