GSIS v CA & Alegre

Facts:
Private respondent, Felonilla Alegre, who was married to SP02 Florencio Alegre, claims that her
husband was killed in relation to his duty when he was assigned in PNP station in Vigan, Ilocos Sur. Said
deceased was driving his tricycle and ferrying passenger with in the vicinity of Imelda Commercial
Complex when he met SP04 Alejandro Tenorio Jr whom he had an altercation with by reason the tour of
duty the former was engaged with that led to verbal tussle between the two police officers which
transpire a fatal shooting that resulted to the death of the deceased. Private respondent has now filed a
claim for the death benefits she was entitled pursuant to PD 626 with petitioner, GSIS. GSIS denied such
claim and was further affirmed by the ECC when a subsequent appeal was taken by private respondent.
However CA reversed the decision of appellate courts stating that SP02 Alegres death was within and
has relation to work therefore compensable. A petition for review for certiorari was filed by the GSIS
and was given due course. Petitioner contends that the guidelines are laid and the following conditions
should be satisfied and in order for ones injury resulting to death or disability to be compensable. 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; 3. If the injury is sustained elsewhere, the employee
must have been executing an order for the employer. Which the deceased has not satisfied therefore no
death benefits may be given to private respondent.
Issue: WON SP02 Alegre was engaged in performance of duty
Held:
The court ruled in the negative. It was explained by the court that the 24 duty doctrine is not
applicable in the case at bar even if such doctrine applies to soldiers should as well apply to policemen
by reason that the nature of their function are subjected to be summoned at any time and may be asked
by their superiors or by any distressed citizen to assist in maintaining the peace and security of the
community therefore private respondent should be denied the claims by reason that the matter SPO2
Alegre was attending to at the time he met his death, that of ferrying passengers for a fee, was
intrinsically private and unofficial in nature proceeding as it did from no particular directive or
permission of his superior officer which was the complete opposite in the cases of Hinoguin and Nitura.
Petition was hereby granted.