Case Digest (G.R. No. 118240)
Facts:
In Anastacio Viana vs. Alejo Al‐Lagadan and Filomena Piga, petitioner Anastacio Viana owned the sailboat “Magkapatid,” which collided on the night of September 3, 1948, with the U.S. Navy vessel USS Tingles in the waters between Bataan and Corregidor, causing it to sink and its crewman Alejandro Al‐Lagadan to disappear and presumed dead. His parents, respondents Alejo Al‐Lagadan and Filomena Piga, filed a claim for workmen’s compensation under Act No. 3428. On February 23, 1953, a Referee of the Workmen’s Compensation Commission ordered Viana to pay ₱1,560 plus 6% interest from the accident date, and ₱16 costs. On review, the Commissioner affirmed on October 22, 1954, with an additional fee of ₱5. Viana sought certiorari relief in the Supreme Court, arguing that Act No. 3428 did not apply because his 1947 gross income was allegedly below ₱10,000 and that Al‐Lagadan was his industrial partner, not his employee. The Referee and Commissioner had found Al‐Lagadan to be an employee,Case Digest (G.R. No. 118240)
Facts:
- Incident and Claim
- Anastacio Viana owned the fishing sailboat “Magkapatid” plying between Bataan and Corregidor.
- On the night of September 3, 1948, “Magkapatid” collided with USS “Tingles” (U.S. Navy) and sank.
- Crew member Alejandro Al-Lagadan disappeared and was presumed dead.
- His parents, Alejo Al-Lagadan and Filomena Piga, filed a compensation claim under Act No. 3428 (Workmen’s Compensation Act).
- Administrative Proceedings
- Referee’s Decision (Feb. 23, 1953):
- Order Viana to pay claimants P1,560 in lump sum with 6% interest from September 3, 1948 until paid.
- Order Viana to pay P16 to the Commission as costs.
- Commissioner’s Action (Oct. 22, 1954):
- Affirmed Referee’s decision with additional fee of P5.00.
- Denied petitioner’s motion for reconsideration.
- Petition for Certiorari: Viana contended (a) Act No. 3428 did not apply because his 1947 gross income was
- Investigation of Crew Engagement Practice
- Referee tasked Atty. Manuel O. Morente to determine basis of engaging crew for 20-ton sailboats in Manila North Harbor.
- Morente’s Report:
- Usual contract is share-basis after deducting voyage expenses: one-half to owner; remaining half to patron and crew per agreement (lion’s share to patron).
- Patron hires crew, often bringing a ready crew when contracting with vessel owner.
Issues:
- Statutory Applicability
- Can petitioner raise for the first time before Supreme Court the defense that Act No. 3428 does not apply because his gross income was under the statutory threshold?
- Employment Status
- Was Alejandro Al-Lagadan an employee of Viana (entitled to compensation) or an industrial partner exempt from compensation under the Act?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)