CONTINENTAL STEEL V.

MONTANO
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 Hortillanos unborn child who died. Hortillanos wife had a premature
delivery while she was on her 38th week of pregnancy. The female fetus died during the
labor. The company granted Hortillanos 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 Hortillanos 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 Arbiters decision. Hence, this petition.
ISSUE/s:
1. Whether or not only one with juridical personality can die.
2. Whether or not a fetus can be considered as a dependent.
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.
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.