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Republic of the Philippines
SUPREME COURT
Manila

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

DIOSA DE LEON, petitioner,
vs.
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 vs. ECC, L-48593, April 30, 1980; Lao vs. ECC, L-50918, May 17, 1980; Corales vs. ECC, L-44063, F. Villones vs. ECC, L-46200, Cañeja vs. ECC, L-46992, Barga, Jr. vs. ECC, L-49227, all dated March 15, 1982; S. Villones vs. ECC, L-44031, August 26, 1982; Panangui vs. ECC, L-56259, March 18, 1983; Segismundo vs. 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:

 

WHEREFORE, THE DECISION OF RESPONDENT EMPLOYEES' COMPENSATION COMMISSION IS HEREBY SET ASIDE AND THE MINISTRY OF NATIONAL DEFENSE (PIIILIPPINE 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.

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

Aquino, J, took no part.

De Castro, J., is on leave.

The Lawphil Project - Arellano Law Foundation

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