12 Continental Steel V Montaño.docx

Continental Steel v Montaño GR No. 182836, 13 October 2009.

FACTS: Rolando Hortillano was an employee of Continental Steel Manufacturing Corp. and a member of Nagkakaisang Manggagawa ng Centro Steel Corporation-Solidarity of Trade Unions in the Philippines for Empowerment and Reforms (basta union). He filed for paternity leave, bereavement leave, and death and accident insurance for dependent, based on the miscarriage of his wife. Continental Steel granted the paternity leave but denied the other benefits. Union resorted to grievance machinery in CBA, but failed to settle the dispute. Union submitted the issue to voluntary arbitration (Montano was the arbitrator): both parties argued on whether the dependent should have first acquired juridical personality in order for their death to be covered by CBA benefits. VA: Hortillano was entitled to all benefits. CA: affirmed VA.

ISSUE: WON Hortillano is entitled to bereavement leave and death benefits.

HELD: YES. Elements for bereavement leave under Article X, Section 2 of the CBA are: (1) death (2) the death must be of a dependent (3) legitimate relations of the dependent to the employee. The requisites for death and accident insurance under Article XVIII, Section 4(3) of the CBA are: (1) death; (2) the death must be of a dependent (3) presentation of the proper legal document to prove such death, e.g., death certificate. The issue of civil personality is not relevant to the case, since the juridical capacity and capacity to act of the unborn child are not at issue. Death is the cessation of life, but life is not synonymous with civil personality, thus one need not acquire civil personality in order to die. Even the Constitution recognizes the life of the unborn from conception. The unborn child can be deemed a dependent under the CBA, as “one who relies on another for support; one not able to exist or sustain oneself without the power or aid of someone else.”