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Republic of the PhilippinesSUPREME COURT

Manila

THIRD DIVISION

G.R. No. 168862 April 30, 2008

GOVERNMENT SERVICE INSURANCE SYSTEM GSIS!,petitioner,

vs.EMMANUE" P. CUNTAPAY,respondent.

D E C I S I O N

NACHURA, J.#

This petition for review stems from the Court of Appeals' Decision1

dated Ma 1!, "##$, andResolution dated %ul &, "##$, which ranted the respondent's claim for compensation under

Presidential Decree (P.D.) *o. +"+, as amended, or the mploees' Compensation -aw.

Respondent mmanuel P. Cuntapa entered the overnment service on *ovember 1!, 1!$ as an

Architectural Draftsman of the Department of Public /or0s and ihwas (DP/). e rose

from the ran0s and was promoted on 2ctober "", 1 as Architect 3 (Chief, Architectural

Division, 4ureau of Desin of the DP/). An Architect 3 enerall performs the followinduties5

(1) 6upervises, coordinates, and provides direction and wor0 assinments in the Division7

(") Does final review and chec0in of pro8ects9papers from the Division prior to

:submission; to hiher authorities7

(uirements for the architectural and enineerin desin services7

($) Prepares and recommends action on cases referred to the Division reardin theimplementation of the *ational 4uildin Code (*4C)7

(+) Participates in the deliberation in the formulation and information dissemination of

the implementin rules and reulations of the *4C7 and,

(!) Performs such other duties and functions that ma be assined from time to time."

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Aside from bein the Chief of the Architectural Division of the 4ureau of Desin, the respondent

was also desinated 2verall ead of the Technical 6taff of the *ational 4uildin Code

Development 2ffice (*4CD2) in a concurrent capacit. ?n addition, he was desinatedRepresentative to the *ational 6teerin Committee for the *ational @rban Development and

ousin ramewor0 1B"##=, and Alternate Representative to the *ational Council for the

/elfare of Disabled Persons 4oard.