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PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-55539. October 27, 1983.]

DIOSA DE LEON, Petitioner, v. EMPLOYEES’ COMPENSATION COMMISSION and REPUBLIC OF THE PHILIPPINES, GOVERNMENT SERVICE INSURANCE SYSTEM, MINISTRY OF NATIONAL DEFENSE (PHILIPPINE NAVY), Respondents.

Adriano S. Javier, Sr. for Petitioner.

The Solicitor General for Respondents.


R E S O L U T I O N


MAKASIAR, J.:


Acting on the motion dated December 16, 1982 of the respondent Government Service Insurance System (GSIS) for reconsideration/clarification of the decision dated November 19, 1982, and on the comments thereon of the petitioner dated February 17, 1982 and of the Solicitor General dated May 4, 1983, as well as the reply of the respondent Government Service Insurance System (GSIS) dated May 25, 1983, and finding the said motion meritorious pursuant to Our previous ruling in several cases (Avendaño v. ECC, L-48593, April 30, 1980; Lao v. ECC, L-50918, May 17, 1980; Corales v. ECC, L-44063, F. Villones v. ECC, L-46200, Cañeja v. ECC, L-46992, Barga, Jr. v. ECC, L-49227, all dated March 15, 1982; S. Villones v. ECC, L-44031, August 26, 1982; Panangui v. ECC, L-56259, March 18, 1983; Segismundo v. ECC, L-50941, March 28, 1982), where We directed the employer to pay claims which accrued prior to the present Labor Code, the dispositive portion of the decision dated November 19, 1982 is hereby amended to read as follows:chanrobles lawlibrary : rednad

"WHEREFORE, THE DECISION OF RESPONDENT EMPLOYEES’ COMPENSATION COMMISSION IS HEREBY SET ASIDE AND THE MINISTRY OF NATIONAL DEFENSE (PHILIPPINE NAVY) IS HEREBY ORDERED.

"1. TO PAY HEREIN PETITIONER THE SUM OF SIX THOUSAND (P6,000.00) PESOS AS DEATH BENEFITS;

"2. TO REFUND PETITIONER’S MEDICAL AND HOSPITAL EXPENSES DULY SUPPORTED BY PROPER RECEIPTS;

"3. TO PAY PETITIONER BURIAL EXPENSES IN THE AMOUNT OF TWO HUNDRED (P200.00) PESOS; AND

"4. TO PAY PETITIONER SIX HUNDRED (P600.00) PESOS AS ATTORNEY’S FEES.

"SO ORDERED."cralaw virtua1aw library

Concepcion, Jr., Guerrero, Abad Santos and Escolin, JJ., concur.

Aquino, J., took no part.

De Castro, J., is on leave.

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