philippines - asia monitor resource centre 9- philippines.pdf · in the midst of the martial law...

“Kapag nagtatrabaho ka sa konstraksyon, isang paa mo ay nasa hukay”

If you work in construction, you have one foot in the grave” 1

These macabre words were spoken by the father of one of the 11 victims in the deadly accident at ETON Residences in Makati City which took the lives of 10 workers on 27 January 2011. This observation by someone who sees himself and his co-workers exposed on a regular basis to danger, confirms what the Occupational Health and Safety Standards of the Philippines deems hazardous work2.

The construction industry in the Philippines does not have a monopoly on dangerous work. There are other obvious candidates, such as the mining industry due to its use of heavy equipment and placing humans tunneling underground for precious ore; or the shipbuilding sector, where according to eyewitness accounts, tons of metal regularly threatens mere pounds of flesh and the latter always loses.

Less obvious, but definitely not less deadly is the electronics industry. The various chemicals used in the industry expose workers to life-threatening scenarios and while was once dubbed the clean industry, it has become a toxic nightmare for many workers. Another is the Business Process Outsource, the so-called sunshine industry where ironically employees mostly do shifts at night - and which also poses health risks. Recent research reports have cited night work as a cause of heart disease and increased risk of cancer. 3 4

1 A remark made by the father, also a construction worker, of one of the victims of the ETON Tragedy during an interview by the writer.

2 Implementing Rules and Regulations (IRR) of the Employees Compensation Commission defines ‘hazardous work’ as: work operations or practices performed by a worker in the establishment or workplace in conjunction with or as an incident to such operations or practices and which expose the employees to hazards likely to cause any disabling injury, illness, death or physical or psychological harm.

3 British Medical Journal. Shift work and vascular events: systematic review and meta-analysis. 26 July 2012.

4 The Lancet Oncology, Volume 8, Issue 12, Pages 1065 - 1066, December 2007.

PhilippinesBy Noel Colina

OSH Legal Resources Handbook182

Danger remains the deadly twin of work despite the vast improvements in science and technology. According to estimates made by the International Labour Organization (ILO), work remains a top killer, with more than two million people dying across the world annually due to work-related accidents and disease. Half of that numbers are based in Asia, with China accounting for 50 percent of the casualties in the region.

In the Philippines, the Institute for Occupational Health and Safety Development, a non-profit, non-governmental health and safety organization has started a simple collection of work-related accidents due to the dearth of official data. But the numbers they have collected may barely scratch the surface. The dire situation is that workers are getting sick and dying in silence, anonymously.

To compound the problem, victims and their families, the workers and their unions are not familiar with the appropriate steps to take when accidents happen and diseases set in. The lack of information on compensation procedures is very glaring, especially in the informal and unorganized sectors. The fear of losing their jobs prevents some workers from reporting accident cases or serious health concerns to the appropriate agencies, while unscrupulous employers leverage the law to sack workers. Cases have been reported of management placing their workers under constructive dismissal, because they are no longer fit to work, where such a condition was a direct result of the job itself.

The chapter aims to help equip organizers and ordinary workers, as well as those in legal aid, to better assist victims and their survivors to seek, not just compensation but the delivery of justice.

I. Legal framework of OSH in the Philippines

1) Presidential Decree 442 enacting the Labor Code

The Labor Code of the Philippines was issued on 1 May 1974 in the midst of the martial law years of then Philippine President Ferdinand Marcos with Presidential Decree 442 (P.D. 442). This decree instituted “a Labor Code thereby revising and consolidating Labor and Social Laws to Afford Protection to Labor, Promote Employment and Human Resources Development and Insure Industrial Peace based on Social Justice.” After coming into law, the Labor Code has undergone many amendments.

The code is quite extensive and detailed and is divided into seven books with a total of 302 articles: Book I is on Pre-Employment; Book II on Human Resources Development Program; Book III covers

Country Report: Philippines 183

Conditions of Employment; Book IV deals with Health, Safety and Social Welfare Benefits; Book V is on Labor Relations, Book VI discusses Post-Employment; and the last, Book VII, covers Transitions and Final Provisions of the Code.

1.1 Labor Code, Book IV, Chapter 1 Medical and Dental Services

Article 156. (Article 156) First Aid Treatment details the necessity of all workplaces having the capacity for First Aid. Article 157. Emergency medical and Dental Services provides for the necessary role, including the appropriate number, of medical professionals, medical and dental, based on the type of the workplace. For workplaces falling under the category of hazardous, occupational doctors and nurses, including dentists, shall stay within the company premises for a minimum of 2 hours per shift.

Article 158 When emergency hospital not required provides the appropriate exemptions for workplaces to not have an emergency hospital. For as long as there is an arrangement with another hospital and the said hospital is near the worksite, exemptions apply.

Furthermore, Article 159 Health Program instructs the company doctor to develop and implement a comprehensive occupational health program for the benefit of the employees of his employer. Article 161 Assistance of the Employer, on the other hand, dictates that during a medical emergency, “[I]t shall be the duty of any employer to provide all the necessary assistance to ensure the adequate and immediate medical and dental attendance and treatment to an injured or sick employee.”

Book IV, Chapter II Occupational Safety and Health

Article 162 Safety and Health Standards instructs the Secretary of Labor and Employment to “set and enforce mandatory occupational safety and health standards”, while Article 165 Administration of safety and health laws spells out in (a) that the Department of Labor and Employment as the duty bearer for “administration and enforcement of occupational safety and health laws” and sets the parameters on how other chartered cities can be allowed to conduct inspections of workplaces within their jurisdiction, while (b) provides that the Secretary of Labor and Employment can charge fees for safety inspections.


Article 167 defines the terms used on matters related to the Employees’ Compensation (ECC) and State Insurance Fund (SIF), while Article 168 Compulsory Coverage requires all employers and employees to be part of the SIF. Article 170 Effective Date of Coverage mandates that coverage of the SIF begins on the first day of operation of the employer and for the employee, upon the first day of employment; and Article 171 Registration requires registration of employers and employees to the Social Security System (SSS) for private enterprises and to the Government Service Insurance System (GSIS) for government employees.

Article 172 Limitation of Liability outlines the following exceptions of coverage from the SIF: when the disability or death was occasioned by the employee’s intoxication, willful intention to injure or kill himself or another, notorious negligence, or otherwise provided under this Title. On the other hand, Article 173 Extent of Liability states the SIF liability to the employee, aside from the other liabilities of the employer to the employee, while Article 175 Deprivation of Benefits rules out any contract that will “...deprive the employee or his dependents of any part of the income benefits and medical or related services...”

Book IV, Chapter III Administration

The next article, Article 176 Employee’s Compensation Commission provides the legal basis for the formation of the Employee’s Compensation Commission (ECC) that will “...initiate, rationalize, and coordinate the policies of the employee’s compensation program...”, while Article 177 Powers and Duties outlines the scope of duties and power of the ECC. In addition, Article 178 Management of Funds and Article 179 Investments of Funds clarifies how the funds of the ECC will be managed.

The following article, Article 180 Settlement of Claims states that the ECC has “original and exclusive jurisdiction to settle any dispute” deemed under the Title 2 or the Employee’s Compensation Corp and State Insurance Fund, while Article 181 Review provides for the Supreme Court judicial review of the “...[d]ecisions, orders or resolutions” of the ECC. Article 182 Enforcement of Decisions fixes the time period for appeals and execution of the “...decision, order or resolution” by the ECC.

Book IV, Chapter IV Contributions

Article 183 Employer’s contributions clarifies the compulsory


coverage of employees and the obligation of the employer to “remit to the System a contribution equivalent to one percent of his monthly salary credit” and such contribution will be periodically reviewed. It also mandates that the contributions shall only come from the employer. Article 184 Government guarantee states the national government “...accepts general responsibility for the solvency of the State Insurance Fund” and in case of the lack of funds, it shall be covered by the public coffers.

Book IV, Chapter V Medical Benefits

Article 185, Medical services, requires the ECC to provide medical services and other infrastructure to a sick and/or injured worker based on the requirement for his/her recovery. The following article, Article 186 Liability provides that the ECC shall have the authority to choose the medical personnel and infrastructure and it renounces responsibility for any compensation due to complications resulting from unauthorized changes made by the employee.

Article 187 Attending physician requires the attending physician to provide the ECC complete access to records of the sick and/or injured employee and discards privileged communication between the doctor and patient. If an employee refuses to submit himself or herself to a medical examination and/or treatment, Article 188 Refusal of examination or treatment provides that the ECC can stop payment of compensation to the said employee. Article 189 Fees and other charges sets out the limit on what the ECC shall cover, while Article 190 Rehabilitation services allows the ECC to set up a practicable program of rehabilitation for injured and/or sick workers.

Book IV, Chapter VI Disability Benefits

Under this chapter, provisions for workers with temporary total disability (Article 191 Temporary total disability), permanent total disability (Article 192 Permanent total disability) and permanent partial disability (Article 193 Permanent partial disability) are clarified and stated. The abovementioned articles also clarify what types of conditions fall under each provision.

For temporary total disability, the employee shall be paid 90 percent of his/her salary and payment shall not exceed 120 days, while an employee with permanent total disability shall receive the amount equivalent to his/her monthly income, plus an additional 10 percent


per dependent child5 . On the other hand, those with permanent partial disability shall receive benefits according to the type of disability6 .

Book IV, Chapter VII Death Benefits

Article 194 Death clarifies the amount to be paid to any worker who suffers death due to work, and who will be the primary beneficiary of the said amount. The amount includes Death and Funeral benefits.

Book IV, Chapter VIII Provisions Common to Income Benefits

Article 196 Delinquent contributions clarifies that delinquent payments by the employer shall not prejudice the benefits entitled to his/her employee.

Article 197 Second injuries states that “...any employee under permanent partial disability suffers another injury which results in a compensable disability greater than the previous injury, the State Insurance Fund shall be liable for the income benefit of the new disability”, while Article 198 Assignment of Benefits provides that claim and compensation are non-transferable.

Article 200 Safety devices states “...in case the employee’s injury or death was due to the failure of the employer to comply with any law or to install and maintain safety devices or to take other precautions for the prevention of injury, said employer shall pay the State Insurance Fund a penalty of twenty-five percent (25%) of the lump sum equivalent of the income benefit payable by the System to the employee7.”

Article 201 Prescriptive period provides that the claim must be filed with the ECC within three years after the accident and/or disease occurred.

Article 203 Prohibition disallows any person to charge the claimant in case there was assistance rendered in filing for claims.

Book IV, Chapter IX Records, Reports and Penal Provisions

Article 205 Record of death or disability requires employers to keep a logbook recording all cases of sickness, injury or death of their

5 See Presidential Decree 442 Article 192 (c)6 See PD 442 Article 1937 The System refers to either the GSIS, SSS or ECC


employees. In the case the employer fails to maintain such a record, the employer shall be fined by the ECC.

Under Article 207 Penal provisions, anyone who commits fraud to seek compensation from the ECC shall suffer fines and imprisonment.

1.2 Administering the law

1.2.1 Relevant government agencies

There are several relevant government agencies which provide workers, public and private, different forms of social protection. The common thread is that all agencies require active membership to avail oneself of the benefits and workers are not automatically covered any program, especially those working in the informal sector.

A) Employees Compensation Commission

The Employees Compensation Commission (ECC) was established on 1 November 1974 by virtue of Presidential Decree 442 (PD 442) or the Labor Code of the Philippines and after with PD 626, it became fully operational on 1st January 1975. It is a government corporation and accordingly, the ECC is mandated by law to provide compensation to workers through its various functions which are8:

• Toformulatepoliciesandguidelinesfortheimprovementofthe employees’ compensation program;

• ToreviewanddecideonappealallECclaimsdisapprovedbythe Systems9; and

• To initiate policies and programs toward adequateoccupational safety and health and accident prevention in the working environment

The ECC covers both private and public workers and handles their compensation claims for work-related injuries and disease. Under PD 442, Title II Article 166 Policy the ECC was formed to be a tax-exempt employees’ compensation program where employees and their dependents can get income and medical-related benefits in the case of work-related injury, disease or death.

8 http://www.ecc.gov.ph/AboutUs.aspx?content=19 The referred Systems are the Social Security System and the Government Service

Insurance System


All employers are required to contribute to the State Insurance Fund (SIF). The agency does not collect any money from the employee and all funds of the SIF come from the appropriate contribution of employers. The Social Security System (private workers) and the Government Service Insurance System (public workers) manages the State Insurance Fund which is allotted for payment of compensation claims. For the private employers, the present required contribution is P10/employee10.

According to the report of the ECC, the amount of the SIF as of 30 June 2012 was PhP 38.2 billion, with the SSS managing 73 percent of the total funds, while the remainder managed under the GSIS. Collections of the SIF from private employers in the same period amounted to PhP 728.9 million, while another PhP 973.4 million came from the government. Also, a total of PhP 510.5 million was paid as claims to private workers, with PhP 18 million paid to government workers11.

Aside from providing benefits for workers, the ECC is mandated by law to develop occupational safety and health (OSH) programs for workplaces, conduct studies necessary for the improvement and updating of benefits of workers suffering from work-related contingencies and provide a system of rehabilitation for injured workers12.

Before PD 626 became into effect, compensation for workers was provided under ACT NO. 3428 or An Act Prescribing The Compensation To Be Received By Employees For Personal Injuries, Death Or Illness Contracted In The Performance Of Their Duties. This act became effective on 10 June 192813. Although the word Illness is mentioned in the title of the Act, there was no other text pertaining to occupational disease in the law and most of the details covered only injury and death from work.

At present, the ECC covers work-related injury, disease and death. Just like the ACT 3428, the ECC provides different levels of compensation according to the type of injury sustained by the worker and the level of disability resulting from the contingency. Occupational

10 As of writing, the exchange rate is 1USD = 40PhP, making the monthly contribution equivalent to USD 25 cents per employee

11 http://www.ecc.gov.ph/AboutUs.aspx?content=412 Presidential Decree 626 Article 17713 During this period, the Philippines was under direct colonial control of the United

States of America


disease is also covered under the compensation program, and list more than 30 types of diseases14.

The ECC is an appeal agency. If a worker suffers from work-related contingencies, he/she and/or his/her family members can file, after providing all the required information, an Employee’s Compensation (EC) claim to the Social Security System (SSS) (i.e. private workers) or Government Service Insurance System (i.e. government employee) branch nearest his/her residence or place of work, where in the case of place of work, it is usually where his/her employer remits contributions. The prescriptive period for filing an EC claim is within three years after the contingency occurred15. If the EC claim is denied by the SSS/GSIS and the claimant wants to appeal, the appropriate agency to handle the appeal process will be the ECC and take over the compensation claim from the said agencies.

Only workers under formal work arrangements – both those in the private sector and public sector – can file for an EC claim, while those under informal work arrangements are not covered under the ECC. There is currently no system providing compensation for work-related contingencies covering those under informal work arrangements.

The definition for different types of disability is given under the Amended Rules for Employee’s Compensation Rules, VII Benefits, Section 2:

(a) A total disability is temporary if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period not exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(b) A disability is total and permanent if as a result of the injury or sickness the employee is unable to perform any gainful occupation for a continuous period exceeding 120 days, except as otherwise provided for in Rule X of these Rules.

(c) A disability is partial and permanent if as a result of the injury or sickness the employee suffers a permanent partial loss of the use of any part of his body.

14 http://iohsad.org/list-occupational-and-compensable-diseases15 The prescriptive period is the limited time provided for the compensation claim to be

filed before a relevant agency, usually beginning from the time of the contingency.


Rule X of the Amended Rules, on the other hand, provides:

“SECTION 1. Condition to entitlement. - An employee shall be entitled to an income benefit for temporary total disability if all of the following conditions are satisfied: (1) He has been duly reported to the System;(2) He sustains the temporary total disability as a result of the injury

or sickness, and(3) The System has been duly notified of the injury or sickness which

caused his disability. His employer shall be liable for the benefit if such illness or injury occurred before the employee is duly reported for coverage to the System.

SECTION 2. Period of entitlement. (a) The income benefit shall be paid beginning on the first day of such disability. If caused by an injury or sickness it shall not be paid longer than 120 consecutive days except where such injury or sickness still requires medical attendance beyond 120 days but not to exceed 240 days from onset of disability in which case benefit for temporary total disability shall be paid. However, the System may declare the total and permanent status at any time after 120 days of continuous temporary total disability as may be warranted by the degree of actual loss or impairment of physical or mental functions as determined by the System.

(b) After an employee has fully recovered from an illness as duly certified to by the attending physician the period covered by any relapse he suffers, or recurrence of his illness, which results in disability and is determined to be compensable, shall be considered independent of, and separate from, the period covered by the original disability. Such a period shall not be added to the period covered by his original disability in the computation of his income benefit for temporary total disability. (ECC Resolution No. 1029, August 10, 1978).

SECTION 3. Amount of benefit. - Any employee entitled to benefit for temporary total disability shall be paid an income benefit equivalent to 90 percent of his average daily salary credit, subject to the following conditions:(1) The daily income benefit shall not be less than P10.00 or

more than P90.00, nor paid longer than 120 days for the same disability, unless the injury or sickness requires more extensive treatment that lasts beyond 120 days, but not to exceed 240 days from onset of disability, in which case he shall be paid benefit for temporary total disability during the extended period.


(2) The monthly income benefit shall be suspended if the employee fails to submit a monthly medical report certified by his or her attending physician as required under Sec. 5 of Rule IV hereof. (Resolution No. 3682, July 21, 1987).”

1.2.2 Social Security System

The Social Security System (SSS) was created through Republic Act 1161 An Act To Create A Social Security System Providing Sickness, Unemployment, Retirement, Disability and Death Benefits For Employees which came into effect on 18 June 1954. Since 1954, the law governing the SSS has undergone many amendments to increase coverage, not only of private workers, but also other sectors, including farmers and the self-employed. On 1 May 1997, major amendments were introduced in Republic Act (RA) 8282 otherwise known as the Social Security Law.

Under RA 8282 Section 2 Declaration of Policy provides the role of the SSS to have “... a sound and viable tax-exempt social security system … provide meaningful protection to members and their beneficiaries against the hazards of disability, sickness, maternity, old age, death, and other contingencies resulting in loss of income or financial burden.”

The coverage of the SSS is compulsory for all employees below 61 years old, as stated in RA 8282 Sec. 9. Coverage includes those who are considered self-employed. (See RA 8282 Sec. 9-A Compulsory coverage of the Self-employed.) According to RA 8282 Sec. 10 Effective Date of Coverage employees are covered by the SSS from the first day of employment, while the self-employed are considered under the SSS upon their registration to the SSS.

The SSS provides sickness, maternity, retirement, disability and death and funeral benefits for all its members. Aside from the above mentioned benefits, the SSS also provides compensation for work-related contingencies.

A monthly pension is provided for members who have suffered permanent disability, as provided by RA 8282 Sec. 13-A Permanent Disability Benefits. The amount of the monthly pension is clarified in RA 8282 Sec. 12. Monthly Pension (a) The monthly pension shall be the highest of the following amounts:

(1) “The sum of the following: (i) Three hundred pesos (P300.00); plus (ii) Twenty percent (20%) of the average monthly salary credit;

plus


(iii) Two percent (2%) of the average monthly salary credit for each credited year of service in excess of ten (10) years; or

(2) Forty percent (40%) of the average monthly salary credit; or (3) One thousand pesos (P1,000): Provided that the monthly pension

shall in no case be paid for an aggregate amount of less than sixty (60) months.

(b) Notwithstanding the preceding paragraph, the minimum pension shall be one thousand two hundred pesos (P1,200.00) for members with at least ten (10) credited years of service and two thousand four hundred pesos (P2,400.00) for those with twenty (20) credited years of service.”

According to RA 8282 Sec. 13-A (d), a member who suffered the following shall be deemed as having a permanent total disability:

“ 1. Complete loss of sight in both eyes; 2. Loss of two limbs at or above the ankle or wrists; 3. Permanent complete paralysis of two limbs; 4. Brain injury resulting in incurable imbecility or insanity; and 5. Such cases as determined and approved by the SSS.”

If a member with permanent total disability gets re-employed or becomes self-employed, the monthly pension will cease. But if the member dies, the pension shall be received by his/her primary beneficiaries.

Members who suffer from permanent partial disability, as clarified by RA 8282 Sec. 13-A (f ), shall receive a following monthly pension for a number of months as follows:

Complete And Permanent Loss Number of Months Of Use Of One Thumb 10 One Index Finger 8 One Middle Finger 6 One Ring Finger 5 One Little Finger 3 One Big Toe 6 One Hand 39 One Arm 50


One Foot 31 One Leg 46 One Ear 10 Both Ears 20 Hearing of One Ear 10 Hearing of Both Ears 50 Sight of One Eye 25

If the compensation is to be paid for a period of less than 12 months, the member shall receive a lump sum instead of a monthly pension. If the member receiving the permanent partial disability payment dies, the pension ceases.

Those members, whose contingencies the SSS deem to be work-related, can accordingly receive medical services, rehabilitation services and cash income benefits. The medical service benefit includes medical services, appliances/devices and supplies required from the first day of injury or sickness until recovery.

The Income Cash benefit is compensation divided into two categories: 1) Temporary Total Disability or Sickness; and 2) Permanent Total Disability. For Temporary Total Disability, a member receives an income cash equivalent of 90 per cent of his or her average daily salary credit and is payable for a maximum of 120 days16. If the condition of the member requires more treatment, the payment can be extended to 240 days. If more time is needed for the member to recover, the condition now falls under the Permanent Total Disability.

If the member is considered under the Permanent Total Disability category, he or she will receive a monthly pension, as stated above, plus 10 percent for every dependent child, for a maximum of five children. Such a pension will be received by the member for a maximum of five years.17

16 Presidential Decree 626 Article 167 Definition of Terms (z) “Average daily salary credit” in the case of the SSS means the result obtained by dividing the sum of the six highest monthly salary credits in the twelve-month period immediately preceding the semester of sickness or injury by one hundred eighty, except where the month of injury falls within the twelve calendar months from the first month of coverage, in which case it is the result obtained by dividing the sum of all monthly salary credits by thirty times the number of calendar months of coverage in the same period.

17 Presidential Decree 1641 Sec. 5 (b)


In the case of death, the member’s primary beneficiaries shall receive a monthly pension, plus 10 percent for every dependent child, for a maximum of five children. The pension shall be paid for a maximum of five years. A funeral benefit of PhP10,000 is also paid to anyone who shouldered the burial expense of the member.

1.3 Government Service Insurance System

The Government Service Insurance System (GSIS) was established through the Commonwealth Act No. 186 and came into effect on 14 November 1936. Act No. 186 amended previous pension systems, namely Act No. 1638, Act No. 3050 and Act No. 3173. The law underwent many amendments to expand the coverage of the GSIS, and the latest came into effect on 30 May 1997.

The GSIS is an insurer of all government employees, including all the assets of the government18. The GSIS provides for compulsory and optional life insurance, retirement benefits, disability benefits for work-related contingencies and death benefits, including application for loans (e.g. housing loan) and dividends to its members. According to the Consolidated Statement of Financial Position submitted on 31 December 2010, the GSIS has a total net worth of PhP 553.9 billion, with premiums and loans receivables amounting to PhP 200.4 billion19 20.

Membership in the GSIS is compulsory for all government employees, except those stated in RA 8291 Sec. 3 “except members of the Armed Forces of the Philippines and the Philippine National Police ... and contractuals who have no employer and employee relationship with the agencies they serve”. This requires all government agencies to submit the names of their workforce and enroll them in the GSIS. With this requirement, members and their employers are required to pay the appropriate monthly premium. RA 8291 Sec. 5 Contributions (l)

18 Republic Act 69619 GSIS, Consolidated Financial Position. December 31, 2010 20 Represents receivable arising from unremitted members’ contribution and other

premiums and loans already due but not yet collected


states that the amount of monthly premium will depend on the average monthly compensation received by the member21.

Members of the GSIS who suffer from work-related contingencies are provided different benefits, including monthly pensions or cash payments, depending on the conditions of the member. For members who suffer from permanent total disability, he or she will receive a monthly pension starting from the date of disability. For a member to enjoy the above mentioned benefits, RA 8291 Sec. 16 states:

(a) If the permanent disability is total, he shall receive a monthly income benefit for life equal to the basic monthly pension effective from the date of disability: Provided, that:(1) he is in the service at the time of disability; or(2) if separated from the service, he has paid at least thirty-six

(36) monthly contributions within the five (5) year period immediately preceding his disability, or has paid a total of at least one hundred eighty (180) monthly contributions, prior to his disability: Provided, further, that if at the time of disability, he was in the service and has paid a total of at least one hundred eighty (180) monthly contributions, in addition to the monthly income benefit, he shall receive a cash payment equivalent to eighteen (18) times his basic monthly pension: Provided, finally, that a member cannot enjoy the monthly income benefit for permanent disability and the old-age retirement simultaneously.

(b) If a member who suffers permanent total disability does not satisfy conditions (1) and (2) in paragraph (a) of this section but has rendered at least three (3) years’ service at the time of his disability, he shall be advanced the cash payment equivalent to 100 percent of his average monthly compensation for each year of service he

21 Average Monthly Compensation (AMC) — The quotient arrived at after dividing the aggregate compensation received by the member during his last thirty-six (36) months of service preceding his separation/retirement/disability/death by thirty-six (36), or by the number of months he received such compensation if he has less than thirty-six (36) months of service: Provided, That the average monthly compensation shall in no case exceed the amount and rate as may be respectively set by the Board under the rules and regulations implementing this Act as determined by the actuary of the GSIS: Provided, further, That initially the average monthly compensation shall not exceed Ten thousand pesos (P10,000.00), and premium shall be nine percent (9%) and twelve percent (12%) for employee and employer covering the AMC limit and below; and two percent (2%) and twelve percent (12%) for employee and employer covering the compensation above the AMC limit


paid contributions, but not less than P12,000, which should have been his separation benefit.

(c) Unless the member has reached the minimum retirement age, disability benefit shall be suspended when:(1) he is reemployed or(2) he recovers from disability as determined by the GSIS, whose

decision shall be final and binding; or(3) he fails to present himself for medical examination when

required by the GSIS.

(d) The following disabilities shall be deemed total and permanent: (1) complete loss of sight in both eyes;(2) loss of two (2) limbs at or above the ankle or wrist;(3) permanent complete paralysis of two(2) limbs;(4) brain injury resulting in incurable imbecility or insanity; and(5) such other cases as may be determined by the GSIS.”

For those under with temporary total disability, RA 8291 Sec. 18 defines the benefits the member will receive as:

SECTION 18. Temporary Total Disability Benefit. — (a) A member who suffers temporary total disability for reasons not due to any of the conditions enumerated in Section 15 hereof shall be entitled to 75 percent of his current daily compensation for each day or fraction thereof of temporary disability benefit not exceeding 120 days in one calendar year after exhausting all his sick leave credits and collective bargaining agreement sick leave benefits, if any, but not earlier than the fourth day of his temporary total disability: Provided, That:(1) he is in the service at the time of his disability; or(2) if separated, he has rendered at least three (3) years of service and

has paid at least six (6) monthly contributions in the twelve-month period immediately preceding his disability. Provided, however, that a member cannot enjoy the temporary total disability benefit and sick leave pay simultaneously: Provided, further, that if the disability requires more extensive treatment that lasts beyond 120 days, the payment of the temporary total disability benefit may be extended by the GSIS but not to exceed a total of 240 days.

(b) The temporary total disability benefit shall in no case be less than P70.00 a day.


(c) The notices required of the member and the employer, the mode of payment, and the other requirements for entitlement to temporary total disability benefits shall be provided in the rules and regulations to be prescribed by the GSIS.”

The GSIS provides for Survivorship benefits under RA 8291 Sec. 20 wherein the member dies, the beneficiaries of the member shall receive a pension not more than 50 percent of the basic monthly pension. Section 21 and 22 further clarifies the pension to be received:

SECTION 21. Death of a Member. — (a) Upon the death of a member, the primary beneficiaries shall be

entitled to: (1) survivorship pension: Provided, that the deceased:

(i) was in the service at the time of his death; or(ii) if separated from the service, has at least three years of

service at the time of his death and has paid 36 monthly contributions within the five-year period immediately preceding his death; or has paid a total of at least 180 monthly contributions prior to his death;or

(2) the survivorship pension plus a cash payment equivalent to 100 percent of his average monthly compensation for every year of service: Provided, that the deceased was in the service at the time of his death with at least three years of service; or

(3) a cash payment equivalent to 100 percent of his average monthly compensation for each year of service he paid contributions, but not less than P12,000.00: Provided, that the deceased has rendered at least three years of service prior to his death but does not qualify for the benefits under the item (1) or (2) of this paragraph.

(b) The survivorship pension shall be paid as follows:(1) when the dependent spouse is the only survivor, he or she

shall receive the basic survivorship pension for life or until he or she remarries;

(2) when only dependent children are the survivors, they shall be entitled to the basic survivorship pension for as long as they are qualified, plus the dependent children’s pension equivalent to 10 percent of the basic monthly pension for every dependent child not exceeding five, counted from the youngest and without substitution;


(3) when the survivors are the dependent spouse and the dependent children, the dependent spouse shall receive the basic survivorship pension for life or until he or she remarries, and the dependent children shall receive the dependent children’s pension mentioned in the immediately preceding paragraph (2) hereof.

(c) In the absence of primary beneficiaries, the secondary beneficiaries shall be entitled to:(1) the cash payment equivalent to 100 percent of his average

monthly compensation for each year of service he paid contributions, but not less than PhP12,000: Provided, that the member is in the service at the time of his death and has at least three years of service;or

(2) in the absence of secondary beneficiaries, the benefits under this paragraph shall be paid to his legal heirs.

(d) For purposes of the survivorship benefits, legitimate children shall include legally adopted and legitimate children.

SECTION 22. Death of a Pensioner. — Upon the death of an old-age pensioner or a member receiving the monthly income benefit for permanent disability, the qualified beneficiaries shall be entitled to the survivorship pension defined in Section 20 of this Act, subject to the provisions of paragraph (b) of Section 21. When the pensioner dies within the period covered by the lump sum, the survivorship pension shall be paid only after the expiration of the said period.”

A funeral benefit of PhP 18,000 is also extended to members of the GSIS.

II Procedure for seeking compensation

If a worker suffers from a work-related contingency, he/she and/or his/her beneficiaries can file an Employee’s Compensation (EC) claim with either the SSS (i.e. private worker) or with the GSIS (i.e. government employee). Upon receipt of the appropriate documents, the SSS or GSIS has five days to determine if the contingency is compensable. The agencies can also demand additional and supporting documents to make their decision.


If the EC claim is denied, the claimant can file for an appeal by submitting a ‘Letter of Reconsideration’ with the agency where the claim was filed, providing the reason or reasons why the decision should be reversed, within 10 days of receipt of the Denial Letter. If the agency upholds the denial, the claimant can then submit a ‘Letter of Appeal’ to the same agency within 30 days of receipt of the second Letter of Denial. This time around, the agency, within five working days, shall forward all the records of the claim to the ECC.

After the agency forwards the case records to the ECC, it (the ECC) has 30 days to decide on the EC claim. The procedure for the appeal is purely an administrative matter and the ECC explicitly22 discourages workers from seeking attention and services from labour lawyers. If the ECC denies the claim, the claimant can file an appeal with the Court of Appeals (CA). If that court denies the EC claim, the final court to handle the appeal is the Supreme Court.

Below is the guide provided by the ECC on filing EC claims with the SSS:

2.1 Step-by-step procedure for claiming compensation

Guide for filing Employees’ Compensation Claims at the SSS 23

Workers from the private sector who suffer work-connected sickness or injury resulting in disability, or their families in case of work-connected death, may file claims for Employees’ Compensation benefits at the SSS. These benefits are in addition to what the workers or their families are entitled to under the SSS program or the PhilHealth program.

Where is the claims for Employees’ Compensation Benefits filed?

A claim for Employees Compensation benefit is filed with the SSS. It is recommended that the claim should be filed at the SSS office where the company remits their SSS contributions for most likely, it is where the records of the worker and his employer or company are found. Access to the records will hasten action by the SSS on the claim filed.

22 http://www.ecc.gov.ph/ClientPage.aspx?content=523 This is the guide provided by the ECC for SSS members


It is important when filing the claim to clearly tell the SSS personnel at the receiving window that the claim is for Employees’ Compensation benefits.

Are there documents needed to support the claim?

Yes, there are important documents that the SSS will require to support the claim. It is therefore important that you bring along these documents when filing a claim for Employees’ Compensation benefits. The SSS will require that these documents (original) shall be attached to the claim application form. For your protection, it may help if you can have these documents photocopied first and have the photocopies kept on file at home. This is your protection in case the original documents get misplaced later on.

What are these documents needed to support the claim? There are a number of documents that the SSS will require to

support a claim for Employees’ Compensation benefits. The most important of these are:

1. A certificate of employment signed by the employer or his authorized representative. This certificate of employment should indicate the position of the worker when the sickness, injury or death happened. In addition, a description of the actual duties and responsibilities performed by the worker at the time of the contingency is necessary. It is this description of the duties and responsibilities that will allow the SSS evaluator to establish a connection between the sickness, injury or death and the worker’s work and therefore grant the Employees’ Compensation benefits.

2. (If the claim is for sickness benefit) a pre-employment medical check-up done by the company or in its absence, a certification by the company that the worker is physically fit when hired;

3. (If the claim is for injury benefit) an accident report signed by the worker’s immediate supervisor and by the personnel manager in case the accident happened within the company premises. If an accident happened outside the company premises a record of consultation or hospital report is necessary. However, in cases of accident involving a third party, a police report on the accident is necessary;


4. (If the claim is for death benefits) in addition to the above, the following documents are also necessary: a) death certificate; b) marriage contract; c) birth certificate of the deceased worker if single (when necessary); d) birth certificate of children below 21 years of age [all of which shall be certified true copies issued by the National Statistics Office (NSO).

5. A certified true copy of the page of the company logbook containing the entry for the particular sickness or accident;

6. The medical findings of the attending doctor or the hospital records (certified true copy of the original); and

7. A certification of SSS and Employees’ Compensation premium contributions one year prior to the sickness or injury.

Please be reminded that the above documents coming from the

employer or the company should be written/printed on the company letterhead and duly signed by the authorized company official.

With the documents in hand, how will the claimant go about filing an Employees’ Compensation claim?

If the above documents are already available, then you can proceed to the SSS office nearest the place of employment to file the appropriate claim. Theoretically, a claim for Employees’ Compensation benefits may be filed at any SSS branch office. But for immediate action on the claim, we recommend that the claim be filed at the SSS branch where the company is remitting their SSS contribution.

Can a claim be filed even if the documents are not complete?

No. The SSS will not accept the claim if the documents are not complete. However, if the claimant can no longer obtain the documents necessary to substantiate his claim, he must cite the reason/s for his failure to produce the said documents in a letter addressed to the SSS. The said covering letter signals to the SSS to evaluate the claim based on the available documents submitted by the claimant.

When shall the claim be filed with the SSS?

The claim shall be filed with the SSS branch within three years from the date of occurrence of the contingency (sickness, injury or death).


How does one proceed in filing a claim at the SSS branch office?

To file a claim, it is important that you accomplish [complete] the necessary claim application forms at the receiving counter of the SSS branch office. It will help if you seek the assistance of the SSS personnel at the receiving counter. The following application forms should be accomplished [accomplished]:

1. For sickness/Accident claimsEmployees’ Notification (SSS Form B300) Sickness/Accident Report (SSS Form B309) Sickness Benefit Application for separated members (SSS Form CLD-9A)[if applicable]

2. For Death Claim DDR Form for Death (DDR-1) Filer’s Affidavit DDR Savings Account Form Report of Death (EC Form BPN-105)

3. For Disability Claim Death, Disability and Retirement claim from for Disability (DDR-1) Medical Certificate (SSS Form MMD-102) DDR Savings Account Form

4. For Medical Reimbursement Claim (after sickness/accident/disability, death has been approved by the SSS), EC Medical Reimbursement Benefit Application (EC Form B301)[pages 1&2]

Disability or medical reimbursement are additional benefits you can claim after the initial sickness or accident claim has been filed. This is because a worker who gets sick or is injured as a result of work can suffer some degree of disability which may not allow him to report for work temporarily or completely. In which case, for each day of absence from work, the worker is entitled to a daily income benefit. Should the disability become permanent, the worker shall be entitled to monthly disability pension.

In the same manner, even after confinement and release from hospital, the worker may require further medication and therefore can be entitled to medical reimbursement for the medicines needed.

After the forms have been accomplished, what is the next step the worker should do?

The completed forms together with the necessary supporting documents required by the SSS should now be submitted to the receiving counter at the SSS branch office. It is suggested that when


submitting the forms, you inquire from the concerned SSS personnel if all the requirements have been met and what further instruction/information from the SSS you may need to know. It is important that all the instruction/information are properly complied with to avoid further complication on the claim filed.

After the filing and acceptance of the application form by the SSS, what will happen next?

The application will be processed by the SSS in due time and if the sickness, injury or death is found to be work-connected then you will be accordingly informed about it and the benefits accordingly granted.

If the documents are not complete or insufficient for the SSS to come out with an objective evaluation of the claim, you will also be informed about it and maybe asked to submit additional documents. It is important that this additional requirement be complied with immediately.

If after the thorough evaluation, the SSS evaluators cannot establish a connection between the sickness, injury or death with the work of the worker, then the claim will be disapproved [i.e., not approved] and you will be accordingly informed.

Normally, the SSS will evaluate the claim and come up with a decision within 20 days from filing and submission of complete documents.

If the claim is disapproved by the SSS branch office, what option is open to the worker or his/her family?

A claim for Employees’ Compensation benefits disapproved by the SSS branch office may be reviewed by the SSS, Medical Operations Department, East Avenue, Diliman, Quezon City.

If the claim is again denied by the SSS Medical Operations Department, what shall the worker or his/her family do?

A claim for Employees’ Compensation benefits disapproved by the SSS Medical Operations Department may be appealed to the Employees’ Compensation Commission if you firmly believe that the sickness or injury was the result of work of the working environment. The appeal can be made in a simple letter sent to the Employees’ Compensation Commission.


2.2 GSIS

Guide to claiming benefits under the GSIS 24 25

This guide and thus the procedure for seeking compensation under the GSIS is substantially the same as that for seeking compensation under the SSS reproduced in entirety above. However, since this insurance program is provided for workers in the public sector, including the national police and members of the armed forces who suffer work-connected sickness or injury, or their families in case of work-connected death, there are several differences which relate to the nature of those jobs. It is interesting to note that under the GSIS system, there is a small, but important, measure of leniency. The GSIS guide shows the following Q&A:

Can a claim be filed even if the documents are not complete?

Yes. The GSIS will accept the claim even if the documents are not complete. If the claimant can no longer obtain the documents necessary to substantiate his claim, he must cite the reason/s for his failure to produce the said documents in a letter addressed to the GSIS.

According to the guide, the GSIS will evaluate and come up with a decision within 20 days from the submission of complete documents, the same period stated under the SSS system. Lastly if the compensation claim is denied, the claimant can appeal to the GSIS’ Employees’ Compensation Commission, GSIS Headquarters, Financial Center, Pasay City; and if that appeal is also denied, the claimant may write directly in a simple letter to the Employees’ Compensation Commission.

III Challenges and barriers in compensation system

3.1 Too many hurdles

The list of requirements necessary for filing compensation cases in itself is a labyrinth for any worker wanting to pursue proper compensation. In first glance, the list seems easy to fulfill, but anecdotal

24 This is the guide provided by the ECC for GSIS members 25 http://iohsad.org/guide-how-file-claim-employees-compensation-benefits-gsis


evidence presents a different story. Employers resort to stonewalling tactics to prevent workers access to such documents, including invoking reasons such as protecting trade secrets to prevent the worker from getting the required evidence.

In a case handled by the Institute for Occupational Health and Safety Development (IOHSAD), Company Doctor A already certified that the contingency of the worker was work-related which was used as evidence for the compensation claim. After this diagnosis by Company Doctor A, the company fired Company Doctor A and hired Company Doctor B, who reversed the findings of the previous doctor and issued a new finding contrary to the first. This was filed by the company to the System as evidence opposing the need for compensation. Expert opinions have a very strong bearing on compensation cases, especially that of company doctors. In the meantime, the worker has to contend with no work and no income.

3.2 Missing pieces

According to Attorney Remigio Saladero, Executive Director of Pro-labor Assistance Center (PLACE), in his many decades of law practice, he never encountered a case wherein an employer was sent to jail due to neglect on health and safety in her or his workplace. The reasons for that are both simple and profound.

There is no jurisprudence in the Labor Code to prosecute employers, who by violating safety regulations, precipitate the maiming and/or death of workers, says Saladero. The only relevant (though very weak) provision is Article 200, which provides the employer pay a certain amount “…in case the employee’s injury or death was due to the failure of the employer to comply with any law or to install and maintain safety devices or to take other precautions for the prevention of injury.” So if a worker dies due to the neglect of the employer, the employer simply pays the fine to the state and there is no any criminal obligation or action prescribed under the Labor Code.

The Labor Code of the Philippines has been updated through the years since it came into effect. However, crucial provisions to protect the well-being of workers remain absent. It is a mere slap on the wrist if a worker dies due to neglect of the employer. Impunity was the word used by EILER to describe the situation26. On the other hand

26 EILER. “Human Rights Day: Kin of Eton tragedy victims hit labor violations impunity.” 10 December 2012.


in Australia, if the employer’s conduct substantially contributes to the death of the employee, he will be charged with industrial manslaughter and is liable for a maximum prison sentence of 20 years27.

With the Philippines having such a toothless law, instead of encouraging employers to maintain strict adherence to safety standards to protect their workers, it creates the opposite effect.

3.3 The elephant in the room

In many ways the system and programmes in the Philippines are exhaustive, apparently providing a safety net for the Filipino worker and his or her family. However, the scope of their coverage is small compared to the need. The number of workers in the informal sector, that is those without any insurance or protection of any kind, is not peanuts. In 2012, the number of self-employed persons was 10.347 million, while those working for a family-owned establishment without pay numbered 3.541 million for a total of 13.888 million. This figure represents 36.9 percent of the 37,584,000 employed in July 2012.

Many informal sector workers perform precarious work, dirty and dangerous jobs, forced to commit themselves to life-threatening jobs just to be able to bring food to the table28 . The International Labour Organization (ILO) says “workers in this sector are for the most part not registered or recorded in official statistics and are beyond the reach of social protection and labour legislation.”

Workers who belong to this sector often do not register with the SSS for a variety of reasons, including the inability to pay the required contributions. Membership figures from the SSS confirm the low coverage of informal workers. Members, who belong to the self-employed category, amount to only 3.348 million, of the 10 million registered as self-employed in July 201229. The self-employed members account for only 32 percent of the total self-employed across the country, with 68 percent or 6,999,034 individuals having no social security.

27 Crimes Act 1900, Section 49C.28 Precarious work is non-standard employment that is poorly paid, insecure, unprotected,

and which cannot support a household as defined by Fudge, Judy; Owens, Rosemary (2006). “Precarious Work, Women and the New Economy: The Challenge to Legal Norms”

29 SSS Facts and Figures, January-September 2012.


When these types of workers suffer disease or accidents, no system is available to them.

Many employers also fail to remit contributions to the SSS. In 2012, the SSS filed charges against 1,400 employers who failed to remit to the SSS. Common also are cases of late remittance by employer, wherein such failure by the employers, including those stated above, affect the release of benefits to the workers, since their contributions are incomplete. Often times, workers have to file labour cases against their employers. When a worker suffers a contingency and no income is coming in, benefits arriving a day late could mean empty stomachs for the family. Compounding this is detailed and cumbersome work of filing the cases and doing follow-ups on their claims, all endeavors that consume time and resources, unfortunately many workers do not have.

3.4 Case Study

ETON Tragedy

At around 11 am on 27 January 2011, 11 workers at the ETON Residences, then still under construction in Makati City in the Philippines, were riding in a gondola from the 32nd floor heading for the ground floor to have their lunch break. As the gondola moved down, the cables holding it snapped, plunging 10 workers to their death. Only one, Ruel Perez, survived the incident.

The 10 workers who died were Joel Avecilla, 24 years old, single; William Banez, 35 and married; Benbon Cristobal, 24, single; Jeffrey Diocado, 54 and married; Jaykie Legada, 25, single; Kevin Mabunga, 17 , single; Celso Mabuting, 29, single; Romyl Perez, 26, single and brother of the lone survivor; Vic Pinon, 22, single; and Michael Tatlonghari, 22 , single. At the time of the incident, there were around 800 workers employed to work at the site.

The Department of Labor and Employment (DoLE) of the National Capital Region immediately conducted an inspection of the worksite after the incident and reported the following findings:

�� Underpayment of wages

�� Non-payment of (regular bonus) 13th month pay

�� Underpayment of overtime pay

�� Non-payment of regular and special holiday pay


�� No registration and therefore no SSS, PhilHealth and PAG-IBIG coverage30

�� Non-presentation of Rule 1020, Registration of the Establishment as provided under the Occupational Safety and Health Standards of the Philippines

�� Non-presentation of Safety Program and Organization

�� No DoLE-accredited safety practitioner

�� No 3rd party inspection for mechanical equipment

�� Non-presentation of permit to operate the gondola

�� No accredited operator for the gondola from the TESDA31

�� Failure to observe the maximum weight capacity of the gondola

�� Unsafe scaffolding

After the incident, the Justice for ETON 11 Network was formed by different organizations, along with five of the victims’ families32 . The families have filed cases in the Labor and Criminal courts against Lucio Tan, the owner of ETON Residences, and other responsible persons of the company.

1) Criminal cases

a) The Makati City police filed a case of ‘Reckless Imprudence Resulting in Multiple Homicides’ against the owners and contractors of the ETON Residences as part of their standard operating procedure (SOP) on 1 February 2011. The case was filed without the knowledge of the families and eventually was dismissed. The families eventually learned of the dismissal and refiled the case. By 25 September 2012, the case was dismissed again on the grounds that it was the workers’ fault that the gondola fell. A Motion for Reconsideration (MR) was filed on 13 November 2012. The motion was granted and the case of ‘Reckless Imprudence Resulting in Multiple Homicides’ is still before the court as of the writing of this report in the first half of 2013.

30 Home Development Mutual Fund or PAG-IBIG. RA 9679 provides all SSS and 31. GSIS members are mandatory members to the PAG-IBIG.

31 Technical Education and Skills Development Authority 32 http://eton11.tumblr.com/


Article 365 of the Revised Penal Code Imprudence and Negligence:

“...[R]eckless imprudence consists of voluntary, but without malice, doing or falling to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such an act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.”

b) Employment of Minor

Kevin Mabunga, one of the victims, died while he was just 17 years old. He was hired without the company verifying his age. He started working for ETON Residences when he was just 16 years old.

His employment on such a construction site is prohibited under RA No. 9231 An Act Providing For The Elimination Of The Worst Forms Of Child Labor And Affording Stronger Protection For The Working Child, which prohibits by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children.

Because of this law, the family decided to file a criminal case, charging wrongful ‘Employment of Minor’ against the owners of the ETON Residences on 25 March 2011. A dismissal was issued during the last quarter of 2011, with the family filing a Motion for Reconsideration (MR) on 25 May 2012. As of writing, the case is still before the court.

c) Violation of RA 6727

The survivors also filed another criminal case, Violation of RA No. 6727 An Act To Rationalize Wage Policy Determination By Establishing The Mechanism And Proper Standards, Otherwise Known As The Labor Code Of The Philippines, for the underpayment of wages and other wage violation committed against workers of ETON Residences. The case is still in the Department of Justice pending a review.

2) Labour Cases

The families of five victims have filed separate cases of ‘Money


Claims for Under Payment of Wages and Other Benefits’ before the National Labor Relations Commission (NLRC). The first case was filed by the families of three victims, Cristobal, Mabunga and Tatlonghari on 25 March 2011. The same case was filed by the Pinon family on 19 May 2011, while the latest to file the same case before the NLRC was the Avecilla family, which filed their case on 12 February 2013.

The case does not involve any imprisonment if the petitioner wins, but the respondents may need to pay a cash award depending upon the recommendation of the Labor Arbiter.

3) Compensation Cases

As has been stated, all the victims were not registered with the SSS by their employer. Due to the pressure created by the families, the SSS required the employer of the victims to pay the amount which the company should have paid while the workers were still alive and all the victims, belatedly, were eventually registered with the SSS. This belated registration allowed them to access the benefits entitled to active members.

In the case of the family of Benbon Cristobal, he was determined to be entitled to a monthly pension, since he has been working for more than 36 months without his employer registering him with the SSS, with the monthly pension to be paid for a maximum of five years. His child also receives a pension, also to be paid for a maximum of five years. The total sum his employer paid to the SSS in terms of premium contribution amounted to PhP 84,036. In addition to the death compensation, his family has received SSS Burial Benefits of PhP 20,000.

The subcontractor who hired Benbon Cristobal shouldered his burial expenses amounting to PhP 79,650. ETON Properties also gave his family PhP 150,000 as part of the Financial Assistance payment under the Quit Claim. His survivors were not given any compensation by the ECC, as they have decided that only three of the victims’ deaths were work-related and the other eight met their fate through their own negligence and are therefore not compensable. Apparently, only Joel Avecilla, Jaykie Legada and Michael Tatlonghari were authorized to ride the gondola and without the said authorization, the ECC decided that the act of the other eight, who rode the same gondola, was negligent.

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