Continental Steel Manufacturing Corporation vs. Hon. Accredited Voluntary Arbitrator Allan S.

Montano
and Nagkakaisang Manggagawa ng Centro Steel Corporation-Solidarity of Trade Unions in the
Philippines for Empowerment and Reform

Facts:

Rolando P. Hortillano (Hortillano for brevity) who is an employee of Continental Steel Manufacturing
Corporation (Continental Steel for brevity) and a member of Nagkakaisang Manggagawa ng Centro Steel
Corporation-Solidarity of Trade Unions in the Philippines for Empowerment and Reform (Union for
brevity).

Hortillano filed a claim for Paternity leave, Bereavement leave and death and accident insurance for
dependent pursuant to the Collective Bargaining Agreement (CBA) concluded between Continental Steel
and the Union. He filed a claim since his unborn child of 38-39 weeks died during labor of his wife due to
fetal anoxia. Continental Steel granted Hortillano’s Paternity Leave but not the Bereavement leave and
other death benefits claiming that CBA did not contemplate the death of an unborn child, a fetus,
without legal personality. Continental Steel claimed that there are two elements for the entitlement to
the benefits, namely: (1) death and (2) status as legitimate dependent none of which existed in
Hortillano’s case. It relied on Art. 40, 41 and 42 contends that only one with civil personality could die.
Hence, the unborn child never died because it never acquired juridical personality. A fetus that was
delivered dead could not be considered a dependent, since it never needed any support, nor did it ever
acquire the right to be supported.

Issues:
1.) Is Hortillano entitled to the bereavement leave and other benefits?
2.) Can only a person with juridical personality can die?
3.) Is Life synonymous to Civil Personality?

Held:

1.) Yes, Civil Personality need not be establish of the unborn child since his/her juridical capacity and
capacity to act as a person are not an issue. Since it is not about the rights of an unborn child but the
rights to the bereavement leave and other death benefits pertain directly to the parent’s child not the
unborn child itself. Articles 40, 41 and 42 must be applied in relation with Article 37.

2.) No, Articles 40, 41 and 42 does not provide for the definition of death. Moreover, while the Civil
Code expressly provides that personality may be extinguished by death, it does not explicitly state that
only those with civil personality could die.

3.) No, Death has been defined as the cessation of life. Life is not synonymous to Civil Personality. One
need not acquire civil personality first before he/she could die. Even a child inside the womb already has
a life. No less than Constitution recognizes the life of the unborn from conception. If the unborn already
has a life then the cessation thereof even prior to the child being delivered, qualifies as death.