Tancinco vs. GSIS and ECC, November 16, 2001, G.R.

132916

Facts:

SPO1 Eddie G. Tancinco was shot dead by five (5) unidentified armed men while off
duty and repairing a service vehicle in front of his house. His widow claimed for benefits.
The GSIS and ECC denied the claim for lack of proof that the death of Tancinco was
work-related.

Issue:
Whether or not Tancinco’s death was compensable.

Ruling:

No the death was not compensable.

The Court held that the facts and circumstances surrounding the decedent’s death
failed to comply with the grounds set forth in Section 1, Rule III of the Amended Rules of
Employees compensation for the injury and the resulting disability or death be
compensable, to wit:(1) The employee must have been injured at the place where his
work requires him to be;(2) The employee must have been performing his official
functions; and (3) If the injury is sustained elsewhere, the employee must have been
executing an order for the employer.
The Court held that when the decedent died, he was not doing an act which is “basically
police service in character” though he be on active duty call or otherwise nor was he
pursuing a task ordered by his superior. He was, at the time he was killed, repairing his
vehicle at his own home. Bereft proof of compliance with the requirements, the death
was non-compensable.