Case Digest (G.R. No. L-27489)
Facts:
Leonora Tantoy Vda. de Macabenta v. Davao Stevedore Terminal Company, G.R. No. L-27489. April 30, 1970, the Supreme Court En Banc, Fernando, J., writing for the Court. Claimant-appellee Leonora Tantoy Vda. de Macabenta, for herself and in behalf of her minor daughter Raquel Macabenta, sought workmen's compensation for the death of Conrado Macabenta, an employee of respondent-appellant Davao Stevedore Terminal Company. Conrado suffered a vehicular accident on September 13, 1961 and died on September 29, 1961. Although the claimants and the Commission found that the couple had lived together as husband and wife for about three months before the accident, the parties were lawfully married on September 14, 1961 — while the deceased was hospitalized — and the claimant gave birth to a posthumous daughter, Raquel, on April 8, 1962.The Workmen’s Compensation Commission (Chairman Nieves Baens del Rosario) found that the deceased had been furnished transportation by the employer to and from the sawmill, reversed the regional acting referee’s contrary finding, and awarded compensation of P2,708.00 to the widow and child plus P270.80 as attorney’s fees in a decision dated September 27, 1966. The employer contested two principal points: (a) that the claimant who married the deceased only after the accident could not be a “widow” or dependent within the meaning of the Workmen’s Compensation Act; and (b) that the fatal accident did not arise out of and in the course of employment. The employer filed a petition for review t...(Subscriber-Only)
Issues:
- Under the Workmen’s Compensation Act, can a woman who married the deceased after the accident (but before his death) be considered a “widow” and thus a dependent entitled to compensation, and can a posthumous child born after the father’s death be considered a dependent?
- Was the fatal accident one that arose out of and in the course of employment so as to just...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)