Title
Francisco vs. Consing
Case
G.R. No. 44753
Decision Date
Aug 26, 1936
A laborer's death during the loading and unloading of a truck leads to a court ruling that he is entitled to workmen's compensation benefits as his work falls under the definition of "industrial employment" and is considered hazardous.
Font Size

Case Digest (G.R. No. 44753)

Facts:

  • The case of Francisco v. Consing (G.R. No. 44753) was decided on August 26, 1936, by the Philippine Supreme Court.
  • Plaintiffs-appellees: Adoracion Francisco, Leonila Francisco, and Antonio Francisco, Jr., represented by their guardian ad litem Policarpio Carballo.
  • They are the legal heirs of the deceased Antonio Francisco.
  • Defendant-appellant: Feliciano Consing.
  • Antonio Francisco was employed by Consing as a laborer for loading and unloading sugar cane and sugar cane seedling nibs onto and from Consing's trucks.
  • Incident date: August 2, 1930, in Escalante, Negros Occidental.
  • A truck loaded with sugar cane points collided with a carabao, causing Antonio Francisco to jump from the truck and sustain fatal injuries.
  • The trial court ruled in favor of the plaintiffs, awarding them P299.52 with interest and costs.
  • The defendant appealed, arguing that Antonio Francisco was a farm laborer and not entitled to benefits under the Workmen's Compensation Act.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed the decision of the trial court, ruling that Antonio Francisco was entitled to benefits...(Unlock)

Ratio:

  • The Court's decision was based on the interpretation of Section 39(d) of Act No. 3428, as amended by Act No. 3812.
  • This section defines "industrial employment" to include all employment or work at a trade, occupation, or profession exercised by an employer for the purpose of gain, except agriculture, charitable institutions, and domestic service.
  • Employees involved in the operation of mechanical implements in agriculture are entitled to the benefits of the Act.
  • Antonio Francisco's work of loading and unloading sugar cane points onto and from a motor truck fell within the scope of "industrial employment" as it involved the use of mechanical implements.
  • The Court referenced similar cases from Louisiana, where ...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.