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181 LAZA VS ECC

FACTS:

The petitioner, Salvador Lazo, is a security guard of the Central Bank of the Philippines assigned to its

ain office in !alate, !anila" #is regular tour of duty is fro $:%% o&clock in the afternoon to '%:%%

o&clock in the evening" (n ') *une '+), the petitioner rendered duty fro $:%% o&clock in theafternoon to '%:%% o&clock in the evening" But, as the security guard -ho -as to relieve hi failed to

arrive, the petitioner rendered overtie duty up to .:%% o&clock in the orning of '+ *une '+), -hen

he asked perission fro his superior to leave early in order to take hoe to Binangonan, /izal, his

sack of rice"

(n his -ay hoe, at a0out :%% o&clock in the orning of '+ *une '+), the passenger 1eepney the

petitioner -as riding on turned turtle due to slippery road" As a result, he sustained in1uries and -as

taken to the Angono 2ergency #ospital for treatent" #e -as later transferred to the 3ational

(rthopedic #ospital -here he -as confined until $. *uly '+)"

For the in1uries he sustained, petitioner filed a clai for disa0ility 0enefits under P4 $, as aended"

#is clai, ho-ever, -as denied 0y the 5S6S for the reason that he -as not at his -ork placeperforing his duties -hen the incident occurred

6t -as held that the condition for copensa0ility had not 0een satisfied"

7pon revie- of the case, the respondent 2ployees Copensation Coission affired the

decision since the accident -hich involved the petitioner occurred far fro his -ork place and -hile

he -as attending to a personal atter"

6SS72: 8hether or not he is entitled to the 0enefits under P4 $9

#2L4:

Li0erally interpreting the eployees copensation la- to give effect to its copassionate spirit as a

social legislation" SC cited a nu0er of cases to support its decision -ill not include the;

6n the case at 0ar, it can 0e seen that petitioner left his station at the Central Bank several hours after

his regular tie off, 0ecause the reliever did not arrive, and so petitioner -as asked to go on overtie"

After perission to leave -as given, he -ent hoe" There is no evidence on record that petitioner

deviated fro his usual, regular hoe-ard route or that interruptions occurred in the 1ourney"

8hile the presuption of copensa0ility and theory of aggravation under the 8orken&s

Copensation Act under -hich theBaldebrincase -as decided; ay have 0een a0andoned under

the 3e- La0or Code,

it is significant that the li0erality of the la- in general in favor of the -orkinganstill su0sists" As agent charged 0y the la- to ipleent social 1ustice guaranteed and secured 0y the

Constitution, the 2ployees Copensation Coission should adopt a li0eral attitude in favor of the

eployee in deciding clais for copensa0ility, especially -here there is soe 0asis in the facts for

inferring a -ork connection to the accident"

This kind of interpretation gives eaning and su0stance to the copassionate spirit of the la- as

e0odied in Article < of the 3e- La0or Code -hich states that &all dou0ts in the ipleentation and

interpretation of the provisions of the La0or Code including its ipleenting rules and regulations

shall 0e resolved in favor of la0or"&

The policy then is to e=tend the applica0ility of the decree P4 $; to as any eployees -ho can

avail of the 0enefits thereunder" This is in consonance -ith the avo-ed policy of the State to givea=iu aid and protection to la0or"

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There is no reason, in principle, -hy eployees should not 0e protected for a reasona0le period of

tie prior to or after -orking hours and for a reasona0le distance 0efore reaching or after leaving the

eployer&s preises"

6f theVanoruling a-arded copensation to an eployee -ho -as on his -ay fro hoe to his -ork

station one day 0efore an official -orking day, there is no reason to deny copensation for accidental

in1ury occurring -hile he is on his -ay hoe one hour after he had left his -ork station"

8#2/2F(/2, the decision appealed fro is /2>2/S24 and S2T AS642" Let the case 0e

reanded to the 2CC and the 5S6S for disposition in accordance -ith this decision"

S( (/42/24"