Republic of The Philippines Manila Second Division: Supreme Court

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Republic of the Philippines

SUPREME COURT
Manila

SECOND DIVISION

G.R. No. L-47178 May 16, 1980

ESTRELLA B. ONDOY, petitioner,


vs.
VIRGILIO IGNACIO, Proprietor M/B LADY ESTRELLITA and/or IMPERIAL FISHING
ENTERPRISES and/or THE SECRETARY OF LABOR and/or THE COMPENSATION
APPEALS AND REVIEW STAFF, Department of Labor, respondents.

Fernardo R. Moreno for petitioner.

Feliciano Tumale for private respondents.

E. V. Espanol for public respondent.

FERNANDO, C.J.:t.hqw

The undisputed facts argue strongly for the granting of the claim for compensation filed
by petitioner, the mother of one Jose Ondoy, who was drowned while in the employ of
private respondent, Virgilio Ignacio. Whatever be the cause for the failure to do so, it is
admitted that there was no controversion. Such omission, fatal in character, was sought
to be minimized by the filing of a motion to dismissed based on the alleged absence of
an employment relationship. What cannot be ignored, however, is that subsequently, in
the hearing of such claim private respondent submitted affidavits executed by the chief
engineer and oiler of the fishing vessel that the deceased a fisherman, was in that ship,
undeniably a member of the working force, but after being invited by friends to a
drinking spree, left the vessel, and thereafter was found dead. The referee summarily
ignored the affidavit of the chief-mate of respondent employer to the effect "that
sometime in October, 1968, while Jose Ondoy, my co-worker, was in the actual
performance of his work with said fishing enterprises, he was drowned and died on
October 22, 1968. That the deceased died in line of Duty." 1 The hearing officer or referee
dismissed the claim for lack of merit. 2 A motion for reconsideration was duly filed, but in an order dated
August 29, 1977, the then Secretary of Labor, now Minister Blas F. Ople, denied such motion for
reconsideration for lack of merit. 3 Hence this petition for review.

1. In La Mallorca v. Workmen's Compensation Commission, 4 this Court explicitly held that the failure to
controvert "is fatal to any defense that petitioner could interpose. So we have held in a host of decisions
in compliance with the clear and express language of the Workmen's Compensation Act. Any Assertion to
the contrary is doomed to futility. 5 The opinion noted thirty decisions starting from Bachrach Motor Co. v.
Workmen's Compensation Commission 6 to Northwest Orient Airlines, Inc. v. Workmen's Compensation
Commission. 7 Thereafter, in Regal Auto Works, Inc. v. Workmen's Compensation Commission, 8 such a
doctrine was reaffirmed. It was further noted that nine more decisions had been rendered by this Court
starting from Republic v. Workmen's Compensation Commission 9 to Abong v. Workmen's Compensation
Commission. 10 By the time respondent secretary of Labor denied the motion for reconsideration, a host
of decisions that speaks to the same effect had been promulgated. 11 It clearly, appears, therefore, that
the failure of the referee to grant the award ought to have been remedied and the motion for
reconsideration granted.

2. The deceased in this case met his death because of drowning. In Camotes Shipping Corporation v.
Otadoy, 12 there was not even any direct testimony that the deceased was drowned while in the
performance of his duty. All that could be alleged was that he "was lost at sea while in the employ of
petitioner. 13 Nonetheless, the award for compensation was sustained. Likewise, the ruling in Caltex
(Phil.) Inc. v. Villanueva 14 was cited with approval. Thus: "The fact that the employee was found missing
while on board the petitioner's vessel MV 'Caltex Mindanao' became known to the captain of the vessel
on 10 October 1956 but it was only on 6 November 1956 when the petitioner transmitted to the
respondent Compensation WCC For in No. 3 stating that the employee was 'Lost at sea and presumed
dead as of October 10, 1956,' and that it was controverting the respondent's claim. 15 In the present case,
there is evidence of the fact of death due to drowning. That was not controverted. Under the
circumstances, the failure to grant the claim finds no justification in law.

3. It bears repeating that there is evidence, direct and categorical, to the effect that the deceased was
drowned while "in the actual performance of his work" with the shipping enterprise of private respondent.
Even without such evidence, the petitioner could have relied on the presumption of compensability under
the Act once it is shown that the death or disability arose in the course of employment, with the burden of
overthrowing it being cast on the person or entity resisting the claim. Time and time again this Court has
stressed such statutory provision. It suffices to mention cases decided from January to April of this year.
16
An appraisal of the counter-affidavits submitted by two employees of private respondent and thereafter
beholden to him to the effect that the deceased left the vessel for a drinking spree certainly cannot meet
the standard required to negate the force of the presumption of compensability.

4. Nor is an affirmance of the finding of the referee adverse to the claim warranted because of the
doctrine that the findings of facts of an administrative agency must be accorded due weight and
consideration. An excerpt from the recent case of Uy v. Workmen's Compensation Commission 17 finds
pertinence: "The claim merits scant consideration for this Court is authorized to inquire into the facts when
the conclusions are not supported by substantial or credible evidence. 18

5. This Court, in recognizing the right of petitioner to the award, merely adheres to the interpretation
uninterruptedly followed by this Court resolving all doubts in favor of the claimant. So it has been since
the first leading case of Francisco v. Conching 19 decided a year after the 1935 Constitution took effect.
What was said in Victorias Milling Co., Inc. v. Workmen's Compensation Commission 20 is not amiss:
"There is need, it seems, even at this late date, for [private respondent] and other employers to be
reminded of the high estate accorded the Workmen's Compensation Act in the constitutional scheme of
social justice and protection to labor. 21 Further: "No other judicial attitude may be expected in the face of
a clearly expressed legislative determination which antedated the constitutionally avowed concern for
social justice and protection to labor. It is easily understandable why the judiciary frowns on resort to
doctrines, which even if deceptively plausible, would result in frustrating such a national policy. 22 Lastly,
to quote from the opinion therein rendered: "To be more specific, the principle of social justice is in this
sphere strengthened and vitalized. A realistic view is that expressed in Agustin v. Workmen's
Compensation Commission: 'As between a laborer, usually poor and unlettered, and the employer, who
has resources to secure able legal advice, the law has reason to demand from the latter stricter
compliance. Social justice in these cases is not equality but protection.' 23

WHEREFORE, the petition for review is granted and petitioner Estrelita B. Ondoy is awarded the sum of,
P6,000.00 as compensation for the death of her son, Jose Ondoy; P300.00 for burial expenses; and
P600.00 as attorney's fees. This decision is immediately executory. Costs against private respondent
Virgilio Ignacio.

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