Continental Steel v Montano must have acquired civil personality, as Continental Steel avers.

Without such
qualification, then child shall be understood in its more general sense, which
Doctrine: NCC Art 40-42 – These articles do not provide at all the definition of death. While includes the unborn fetus in the mother's womb.
the Civil Code expressly provides that civil personality may be extinguished by death, it ● On issue of juridical personality – NO. The reliance of Continental Steel on
does not explicitly state that only those who have acquired juridical personality could die- Articles 40, 41 and 42 of the Civil Code for the legal definition of death is
one need not acquire civil personality first before he/she could die. 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
Facts: plainly states that civil personality is extinguished by death. The issue of civil
● Hortillano is an employee of Continental Steel Manufacturing Corporation personality is not relevant herein. Establishment of civil personality of unborn child
(Continental Steel) and a member of respondent Nagkakaisang Manggagawa ng in this case are not in issue. Sections 40, 41 and 42 of the Civil Code do not
Centro Steel Corporation-Solidarity of Trade Unions in the Philippines for provide at all a definition of death. Moreover, while the Civil Code expressly
Empowerment and Reforms (Union). He filed on 9 January 2006, a claim for provides that civil personality may be extinguished by death, it does not explicitly
Paternity Leave, Bereavement Leave and Death and Accident Insurance for state that only those who have acquired juridical personality could die. Death has
dependent, pursuant to the Collective Bargaining Agreement (CBA) concluded been defined as the cessation of life. Life is not synonymous with civil personality.
between Continental and the Union. One need not acquire civil personality first before he/she could die. Even a child
● The agreement grants bereavement leaves to any employee in case of death of inside the womb already has life. No less than the Constitution recognizes the life
the employees’ legitimate dependents and also a Death and Accident insurance of the unborn from conception, that the State must protect equally with the life of
(worth 11,550.00) in case of death of employees’ legitimate dependents (parents, the mother. If the unborn already has life, then the cessation thereof even prior to
spouse, children, brothers and sisters). the child being delivered, qualifies as death.
● The claim was based on the death of Hortillanos unborn child. Hortillanos wife,
Marife V. Hortillano, had a premature delivery on 5 January 2006 while she was in
th
the 38 week of pregnancy. According to the Certificate of Fetal Death dated 7
January 2006, the female fetus died during labor due to fetal Anoxia secondary to
uteroplacental insufficiency.
● Continental Steel immediately granted Hortillanos claim for paternity leave but
denied his claims for bereavement leave and other death benefits, consisting of the
death and accident insurance
● Continental Steel on the other hand argued that the provision in the CBA did not
include “unborn child or fetus
● Petitioner appealed to CA but CA affirmed Labor Arbiter’s decision. Hence, this
petition.

Issue:
● Whether unborn child or fetus can be considered as dependent
● Whether only a juridical personality can die and a dead fetus never acquired
juridical personality
Held:
● On issue of child being considered as dependent – YES. Unborn child or fetus
is dependent of its parent. Hortillano's child could not have reached 38-39 weeks of
its gestational life without depending upon its mother, Hortillano's wife, for
sustenance. Additionally, it is explicit in the CBA provisions in question that the
dependent may be the parent, spouse, or child of a married employee; or the
parent, brother, or sister of a single employee. The CBA did not provide a
qualification for the child dependent, such that the child must have been born or