603 SCRA 621 Labor Law Labor Standards Death Benefits for the Death of a

Dependent A Fetus is a Dependent

Civil Law Civil Personality When does civil personality start When does life begin
In January 2006, the wife of Rolando Hortillano had a miscarriage which caused the death
of their unborn child. Hortillano, in accordance with the collective bargaining agreement,
then filed death benefits claim from his employer, the Continental Steel Manufacturing
Corporation which denied the claim. Eventually, the issue was submitted for arbitration and
both parties agreed to have Atty. Allan Montao act as the arbitrator. Montao ruled that
Hortillano is entitled to his claims. The Court of Appeals affirmed the decision of Montao.
On appeal, Continental Steel insisted that Hortillano is not entitled because under the CBA,
death benefits are awarded if an employees legitimate dependent has died; but that in this
case, no death has occurred because the fetus died inside the womb of the mother, that a
fetus has no juridical personality because it was never born pursuant to Article 40 of the
Civil Code which provides a conceived child acquires personality only when it is born; that
the fetus was not born hence it is not a legitimate dependent as contemplated by the CBA
nor did it suffer death as contemplated under civil laws.
ISSUES:
1. Whether or not the fetus is a legitimate dependent?
2. Whether or not a person has to be born before it could die?
HELD:
1. Yes. In the first place, the fact of marriage between Hortillano and his wife was never put
in question, hence they are presumed to be married. Second, childrenconceived or
born during the marriage of the parents are legitimate. Hence, the unborn child (fetus) is
already a legitimate dependent the moment it was conceived (meeting of the sperm and
egg cell).
2. No. Death is defined as cessation of life. Certainly, a child in the womb has life. There is
no need to discuss whether or not the unborn child acquired juridical personality that is
not the issue here. But nevertheless, life should not be equated to civil
personality. Moreover, while the Civil Code expressly provides that civil personality may be
extinguished by death, it does not explicitly state that only those who have acquired
juridical personality could die. In this case, Hortillanos fetus had had life inside the womb
as evidenced by the fact that it clung to life for 38 weeks before the unfortunate miscarriage.
Thus, death occurred on a dependent hence Hortillano as an employee is entitled to death
benefit claims as provided for in their CBA.