Case Digest (G.R. No. 153760-61)
Facts:
The case involves Delgado Brothers, Inc. as the petitioner and the Workmen's Compensation Commission along with Gloria Palero, the widow of the deceased, as respondents. The incident that led to the case occurred on July 15, 1973, in Mariveles, Bataan, where Fernando Palero was employed as a "plant-in-charge" by the petitioner, tasked with the oversight of the company's plant operations. As part of his employment, he was afforded the privilege of residing on the company's property, earning a weekly salary of P58.00. On the mentioned date, which was a Sunday and a day of rest, Palero engaged in a drinking session with a fellow employee, Benjamin Calupitan. Later that evening, as Palero escorted Calupitan home, an altercation ensued near Calupitan's residence, attracting the attention of Alfredo Moral, the security officer on duty. When Moral attempted to intervene, a struggle broke out over his firearm, resulting in the gun discharging and fatally wound
Case Digest (G.R. No. 153760-61)
Facts:
- Parties Involved
- Petitioner: Delgado Brothers, Inc.
- Respondents:
- Workmen's Compensation Commission (WCC)
- Gloria Palero – representing the interests of the deceased Fernando Palero and his minor children
- Employment and Background
- Fernando Palero was employed as a "plant-in-charge" at Delgado Brothers, Inc.’s compound in Mariveles, Bataan.
- His employment granted him the privilege of residing within the company’s premises.
- He received a weekly salary of P58.00.
- The Incident
- On July 15, 1973, Fernando Palero and Benjamin Calupitan, another employee, engaged in a drinking spree near Palero’s residence.
- As it was a Sunday—a non-working day—the employees were not required to report for work.
- At around 6:00 P.M., Palero assisted Calupitan to his home due to Calupitan’s intoxication.
- Along the way, a quarrel ensued near Calupitan’s house.
- Alfredo Moral, the officer-in-charge of the security guards on duty, intervened to pacify the situation.
- During the intervention, Fernando Palero attempted to wrest away the officer’s gun.
- In the ensuing struggle for the firearm, the gun discharged accidentally, inflicting fatal gunshot wounds on Palero.
- Fernando Palero later died as a result of these injuries.
- Filing of Claims and Reports
- On August 7, 1974, Gloria Palero filed a Notice of Death and Claim for Compensation on behalf of Fernando Palero and their four minor children with the WCC, Regional Office No. 4.
- On May 7, 1975, Delgado Brothers, Inc. submitted the Employer’s Report of Accident or Sickness to the same office to controvert the claim.
- The petitioner’s submission was significantly delayed—filed approximately nine (9) months after the Notice of Death and Claim was initiated.
- Proceedings Before the Acting Referee and WCC
- The Acting Referee of the Workmen’s Compensation Section allowed the petitioner, upon verbal request, to submit counter-affidavits after private respondent’s affidavits had already been presented.
- On September 30, 1975, the Acting Referee issued a decision awarding:
- P6,000.00 as death compensation benefits
- P200.00 for funeral expenses
- P300.00 as attorney’s fees
- P61.00 towards the Workmen’s Compensation Fund as decision and administrative fee
- Delgado Brothers, Inc. moved for reconsideration, which was denied, and subsequently, the case was elevated en banc to the Workmen’s Compensation Commission.
- On January 21, 1976, the WCC, en banc, affirmed the decision of the Acting Referee.
- Points Raised in the Petition for Review
- Whether Fernando Palero’s death was compensable under the Workmen’s Compensation Act, considering:
- The death resulted from a gunshot wound incurred while attempting to wrestle a firearm from a security officer.
- The injury occurred on a Sunday when the employee was not actively at work.
- Whether the allowance for Delgado Brothers, Inc. to submit counter-affidavits effectively reinstated its right to controvert the claim despite their initial failure to submit a timely formal notice of controversion.
Issues:
- Issue on Compensability of Death
- Whether the death of Fernando Palero is compensable under the Workmen’s Compensation Act, as amended, despite:
- The fatal injury being sustained during an altercation involving the forcible wresting of a security officer’s gun.
- The incident occurring on a non-working day (Sunday).
- Issue on the Right to Controvert
- Whether the order permitting the petitioner to submit counter-affidavits, after failing to file a timely Notice of Controversion, effectively reinstates their right to controvert the claim.
- Whether such an order complies with the procedural requirements stipulated in Section 3, Rule 8 of the Rules of the Commission and the Workmen’s Compensation Act.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)