Continental Steel v. Montano, G.R. No. 182836, October 13, 2009

FACTS: Hortillano, an employee of petitioner Continental Steel, filed a claim for Paternity Leave, Bereavement Leave and Death and Accident Insurance for dependent, pursuant to the CBA. The claim was for Hortillano’s unborn child who died. Hortillano’s wife had a premature delivery while she was on her 38^th week of pregnancy. The female fetus died during the labor. The company granted Hortillano’s claim for paternity leave but denied his claims for bereavement leave and death benefits. Hortillano claimed that the provision in CBS did not specifically state that the dependent should have first been born alive or must have acquired juridical personality. Petitioner argued that the said provision of CBA did not contemplate death of an unborn child or a fetus without legal personality. They also claimed that there are two elements for the entitlement of the benefit: 1) death; and 2) status of legitimate dependent. None which existed in Hortillano’s case. They further contend that the only one with civil personality could die, based on Art 40-42 of Civil Code. Hence, according to petitioner, the unborn child never died. Labor Arbiter Montana argued that the fetus had the right to be supported by the parents from the very moment he/she was conceived. Petitioner appealed to CA but CA affirmed Labor Arbiter’s decision. Hence, this petition.

ISSUE: W/N only one with juridical personality can die.

HELD: No. The reliance of Continental Steel on Articles 40, 41 and 42 of the Civil Code for the legal definition of death is misplaced.  Article 40 provides that a conceived child acquires personality only when it is born, and Article 41 defines when a child is considered born.  Article 42 plainly states that civil personality is extinguished by death. The issue of civil personality is irrelevant in this case. Arts 40-42 do not provide at all definition of death. Life is not synonymous to civil personality. One need not acquire civil personality first before s/he could die. The Constitution in fact recognizes the life of the unborn from conception.

ISSUE: W/N a fetus can be considered as a dependent.

HELD: Yes. Even an unborn child is a dependent of its parents. The fetus would have not reached 38-39 weeks without depending upon its mother.