Title
Daes vs. We Ko
Case
G.R. No. 48817
Decision Date
Jan 22, 1943
The Supreme Court remands the case of Daes v. We Ko to the Court of Appeals to determine whether the respondent is liable for the death of Pedro Basa, emphasizing the need for specific findings regarding the respondent's potential negligence and the proximate cause of the accident.
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Case Digest (G.R. No. 48817)

Facts:

  • Juana Yap Daes and her children, the petitioners, filed a case against We Ko (alias Kua), the respondent.
  • Pedro Basa, the deceased and husband of Juana Yap Daes, was hired by the respondent to transport four logs from a river to the respondent's residence in Zambales.
  • Basa was to be paid P1.20 per log.
  • While loading the fourth log onto a cart provided by the respondent, the log slipped and fatally struck Basa.
  • The petitioners sought P2,000 in damages for Basa's death under Act No. 1874.
  • The Court of First Instance of Zambales dismissed the action.
  • The Court of Appeals upheld the dismissal, ruling that Basa was not an "employee" under Act No. 1874 because he was engaged for a specific task and not under the respondent's direct supervision.
  • The Court of Appeals noted that Basa had previously done various odd jobs for the respondent and had borrowed carts from him, but deemed these facts immaterial.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled that Basa was indeed an "employee" under Act No. 1874, regardless of the temporary or occasional nature of his employment.
  • The case was remanded to the Court of Appeals to d...(Unlock)

Ratio:

  • The Supreme Court clarified that Act No. 1874 does not distinguish between permanent and temporary employees.
  • The term "employee" is used broadly in Act No. 1874, without any distinction regarding the duration or character of employment.
  • This interpretation aligns with the remedial nature of Act No. 1874, which aims to protect laborers in small industries with an annual income of less than P20,000.
  • Making fine distinctions would undermine the law's protective purpose.
  • The Workmen's Compensation Act (No. 3428) explicitly excludes...continue reading

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