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GARCIA to grant the claim finds no

justification in law.

The mother of one Jose Ondoy, who It bears repeating that there is
was drowned while in the employ of evidence, direct and categorical, to
private respondent, Virgilio Ignacio. the effect that the deceased was
drowned while "in the actual
A motion to dismiss was filed based performance of his work" with the
on the alleged absence of an shipping enterprise of private
employment relationship. What respondent. Even without such
cannot be ignored, however, is that evidence, the petitioner could have
subsequently, in the hearing of such relied on the presumption of
claim, private respondent submitted compensability under the Workmen’s
affidavits executed by the chief Compensations Act once it is shown
engineer and oiler of the fishing that the death or disability arose in
vessel that the deceased, a the course of employment, with the
fisherman, was in that ship, burden of overthrowing it being cast
undeniably a member of the working on the person or entity resisting the
force, but after being invited by claim.
friends to a drinking spree, left the
vessel, and thereafter was found This Court, in recognizing the right of
dead. petitioner to the award, merely
adheres to the interpretation
Sometime in October, uninterruptedly followed by this Court
1968, while Jose Ondoy, my co- resolving all doubts in favor of the
worker, was in the actual claimant.
performance of his work with said
fishing enterprises, he was drowned There is need, it seems, even at this
and died on October 22, 1968. That late date, for [private respondent]
the deceased died in line of Duty." and other employers to be reminded
of the high estate accorded the
ISSUE: Workmen's Compensation Act in the
WON Ondoy can be compensated constitutional scheme of social
for the death. justice and protection to labor.

RULING: No other judicial attitude may be

Yes expected in the face of a clearly
expressed legislative determination
In the present case, there is which antedated the constitutionally
evidence of the fact of death due to avowed concern for social justice
drowning. That was not controverted. and protection to labor. It is easily
Under the circumstances, the failure understandable why the judiciary
frowns on resort to doctrines, which
even if deceptively plausible, would compromise agreement by which
result in frustrating such a national Farrales can be compelled to sell the
policy. land in question. On appeal, the
Court of Appeals certified this case to
To be more specific, the principle of the Supreme Court on purely
social justice is in this sphere question of law. The Supreme Court
strengthened and vitalized. A realistic held that: (a) no compromise
view is that expressed in Agustin v. agreement to sell the land was ever
Workmen's Compensation perfected between the defendant-
Commission: 'As between a laborer, appellee as vendor and the Plaintiffs-
usually poor and unlettered, and the appellants as vendees and (b) under
employer, who has resources to Art. 1678 of the New Civil Code the
secure able legal advice, the law has Salongas as lessees, may remove
reason to demand from the latter the improvements should Farrales
stricter compliance. Social justice in refuse to reimburse them but the
these cases is not equality but former do not have the right to buy
protection. the land.
Appeal dismissed.
In an ejectment case filed by the As to the contention that Sec. 6,
appellee Farrales, the titled owner of Article II of the New Constitution is
the land in question against the applicable to the case at bar, it must
possessors, the appellants Salongas, be remembered that social justice
who erected a house thereon, the cannot be invoked to trample on the
Olongapo City Court rendered a rights of property owners who under
decision ordering the Salongas to our Constitution and laws are also
vacate the land and Pay the rentals entitled to protection. The social
in arrears. When aforesaid decision justice consecrated in our
was affirmed by the Court of First constitution was not intended to take
Instance of Zambales and Olongapo away rights from a person and give
City and the decision was partially them to another who is not entitled
satisfied by the payment of rentals, thereto. Evidently, the plea for social
Salonga offered to purchase from justice cannot nullify the law on
Farrales said land but the latter obligations and contracts, and is,
persistently refused. Instead Farrales therefore, beyond the power of the
insisted on the execution of the Court to grant.
judgment. Salonga filed a complaint
against Farrales and the Sheriff with VIRTUOSO vs. MUNICIPAL JUDGE
the Court of First Instance of Petitioner filed an application for
Zambales and Olongapo City for habeas corpus with the Supreme
specific performance which was Court on the grounds that the
dismissed on the ground that there preliminary investigation conducted
exists no legally enforceable by respondent Judge which led to the
issuance of a warrant for his arrest the procedure followed in the
was constitutionally deficient, and preliminary examination, the bail
that the bail recommended was imposed was clearly excessive.
excessive. During the oral argument
however, it was ascertained that Judge, in his return filed on March 8,
petitioner was a seventeen-year old 1978, justified the issuance of the
minor entitled to the protection and warrant of arrest, alleging that there
the benefits of the was no impropriety in the way the
Child and Youth Welfare Code, preliminary examination was
particularly the provision affording conducted.
youthful offenders the opportunity to
be provisionally released on It was ascertained that petitioner is a
recognizance at the discretion of the seventeen-year old minor entitled to
Court. the protection and benefits of the
The Supreme Court without passing Child and Youth Welfare Code, a
upon the issue of whether or not the youthful offender being defined
preliminary investigation conducted therein as "one who is over nine
was constitutionally deficient years but under eighteen years of
resolved to release petitioner on age at the time of the commission of
recognizance pursuant to the the offense. Such, he could be
provision of the Child and Youth provisionally released on
Welfare Code without prejudice to recognizance in the discretion of a
further proceedings of his pending court.
criminal case.
Petition granted in accordance with Accordingly, after the
the Court's resolution. hearing, the Court issued the
following resolution: "Acting on the
FACTS: verbal petition of counsel for
Virtouso, Jr., who filed an application petitioner Francisco Virtouso, Jr., the
for the writ of habeas corpus on Court Resolved pursuant to section
February 23, 1978, premised his plea 191 of Presidential Decree No. 603,
for liberty primarily on the ground that petitioner being a 17-year old minor,
the preliminary examination which to [order] the release of the petitioner
led to the issuance of a warrant of on the recognizance of his parents
arrest against him was a useless Francisco Virtouso, Sr. and Manuela
formality as respondent Municipal Virtouso and his counsel, Atty.
Judge of Mariveles, Bataan, 1 failed Guillermo B. Bandonil, who, in open
to meet the strict standard required court, agreed to act in such capacity,
by the Constitution to ascertain without prejudice to further
whether there was a probable cause. proceedings in a pending case
against petitioner being taken in
He likewise alleged that aside from accordance with law."
the constitutional infirmity that tainted
This Court should, whenever
appropriate, give vitality and force to
the Youth and Welfare Code, which
is an implementation of this specific
constitutional mandate: "The State
recognizes the vital role of the youth
in nation building and shall promote
their physical, intellectual, and social

Thus was the petition resolved,

without the need of passing upon the
issue of whether or not the procedure
by respondent Judge in ascertaining
the existence of probable cause was
constitutionally deficient.
Nonetheless, it must ever be kept in
mind by occupants of
the bench that they should always be
on the alert lest by sloth or
indifference or due to the economic
or social standing of the alleged
offended party, as was intimated in
this petition, the rights of an accused,
instead of being honored, are

Laguna Lake vs CA