AURO, IAN DEO A.

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COMPANIA MARITIMA VS. ERNESTA CABAGNOT

G.R. No. L-10675 April 29, 1960

Facts:
Dionisio Hio, a member of the Manila Bay Watchmen's Association, a duly
registered labor organization, was found dead. The deceased is survived by his
wife Ernesta Cabagnot Hio and three minor children all of whom were
dependent on his wages at the time of his death. Upon a claim for
compensation made by the widow, in her behalf, and in behalf of her children,
the Workmen's Compensation Commission, finding that Dionisio Hio died of an
accident that occurred in the course of his employment, and declaring the
Compaia Maritima as employer thereof, ordered that company to
pay these survivors the death compensation and other fees required of the
Workmen's Compensation Act, as amended. The petitioner claims that it never
had any employer-employee relationship with the deceased.
Issue:
Whether or not the deceased was an employee of the Compaia Maritima,
entitled to compensation under the Workmen's Compensation Act.
Ruling:
While it is true that no written employment contract between the petitioner and
the deceased was presented in evidence, it is not disputed that the petitioner
company owns the vessel where the deceased was assigned as gangwayman,
and it was found by the Commission that the salary of the deceased was paid
directly from the funds of petitioner. From these circumstances, it would
appear that at the time of the accident the deceased was under petitioner's
employ.
SEC. 39 (b). "Laborer" is used as a synonym of "employee" and means every
person who has entered the employment of, or works under a service or
apprenticeship contract for an employer. It does not include a person whose
employment is purely casual and is not for the purpose of the occupation or
business of the employer.
For an employee to be excluded from the term "laborer" or "employee" under the
Act, his employment must be "purely casual and is not for the purpose of the
occupation or business of the employer".

AURO, IAN DEO A.

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