Case Digest: Quebec v. GSIS, ECC Case No. 4310, November 9, 1988

   Labor Law | Policy and Definitions

NPA VICTIMS; PRESUMPTIVE COMPENSABILITY

  • The moment an AFP member suffers a contingency, the presumption is that it is because of the nature of his work.
  • This policy is “adopted because of certain serious peace and order problems of the country, more particularly the insurgency problem, it has become generally perceptible that on account of the nature of their work, members of the AFP have become “marked men” insofar as insurgents and other lawless elements are concerned and are, therefore killed by such insurgents at every opportunity. 
  • Same problem is true to the members of the police force. 
  • Police officers are also targets of the insurgents an other lawless elements.

The investigation report shows that on or about 9:45 a.m. on February 22, 1986, PALt. E. L. Quebec, INP, entered Ramil Billiard Center at Pambujan, Northern Samar, and read komiks while other persons were playing the billiard on three tables. When

22, 1986, PALt. E. L.

P/Lt.  unidentified. Quebec, Samar, When and persons and the another were players noticed and unidentified some standing person the onlookers behind was billiard seen started the center. door standing leaving When just by at the almost the center, back all sidewalk two the o

at the opposite of the street looking toward

players had left, these unidentified persons were the only ones left close to the door

posing as observers. Suddenly, a gunshot was heard and witnesses saw P/Lt Quebec

falling from the bench and as he lay prostrate one of the unidentified persons got

inside and again shot P/Lt. Quebec twice, and sensing that the latter was already

dead, took the service firearm of P/Lt. Quebec and went out. The killer was then

joined by the two other unidentified persons outside the billiard center and walked

away hurriedly.

The deceased was survived by seven minor children. In behalf of the minor

children, Guillermo Quebec, the father of the deceased, filed a claim for income

benefits under P.D. No. 626, as amended

in its letter dated November 3, 1986, the GSIS denied the claim of Guillermo

Quebec "on the ground that it failed to satisfy the condition for compensability

Ruling; We find merit for the claimant, The death of the deceased P/Lt. Quebec

was a result of an accident arising out of and in the course of employment Police

officers like any other military men are targets of the New People's Army (NPA)

hitren and Agaw Armas Gang. It has been observed lately that policemen pue

military personnel were killed for no other reason than the fact that they are military

personnel and policemen

"Recently, the Board of this Commission has approved the adoption

policy that the moment an AFP member suffers a contingency, the presumption is

a

of

that it is because of the nature of his work x x x." This policy is

of certain serious peace and order problems of the_couintry mor

This policy is "adopted because

particnlarly

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