CHUA YENG, Petitioner, v.

MICHAELA ROMA, and her minor children GUADALUPE, PILAR,

ROSARIO, CORNELIO and GERARDO, all surnamed ROMEO, Respondents.

Pedro B. Uy Calderon and A. Marigomen for Petitioner.

D. V. Nacua and J. D. Palma for Respondents.

SYLLABUS

1. EMPLOYER AND EMPLOYEE; WORKMEN’S COMPENSATION; ACTS REASONABLY NECESSARY TO HEALTH

AND COMFORT OF EMPLOYEE ARE INCIDENTAL TO THE EMPLOYMENT; INJURIES SUSTAINED WHILE
PERFORMING SUCH ACTS ARE COMPENSABLE. — Acts reasonably necessary to the health and comfort of an
employee while at work, such as satisfaction of his thirst (like in the present case), hunger, or other physical
demands, or protecting himself from excessive cold, are incidental to the employment, and injuries
sustained in the performance of such acts are compensable as arising out of and in the course of the
employment (58 Am. Jur., sec. 236, p. 742, citing numerous cases). The fact that the deceased employee
was in the kitchen of appellant’s house drinking water when he was bitten by the puppy and not at his usual
place of work does not bring the case out of the operation of this rule, for the reason that the laborer was
practically driven to that place through appellant’s fault in not providing an adequate supply of drinking
water at the warehouse.

2. ID.; ID.; INJURIES SUSTAINED WHILE PERFORMING ACTS RELATED OR INCIDENTAL TO EMPLOYEE’S
DUTIES COMPENSABLE. — Even if the injury occurred while the worker was not performing acts strictly
within the scope of his duties, but engaged in an activity either related or incidental to his duties, or doing
an act in the interest of his employer, the same is compensable. Thus, injury to an employee of a bus firm,
occurring outside of assigned territory, in undertaking to retrieve personal belongings of a passenger, was
held compensable (Verzosa v. Arnaz Vda. de Cruz, L-7305, December 15, 1953); so was that of a laborer
who, trying to alight from a truck to pick up a sack which had fallen, belonging to his employer, was caught
between the wheels (Ramos v. Poblete, 40 Off. Gaz., 3474); likewise, the death of a worker who tried to
recover a piece of board which had fallen into a molasses tank, and died from the deadly fumes therein
(Estandarte v. Phil. Motor Alcohol Corp., G. R. No. 39733, Nov. 1933).

3. ID.; WORKMEN’S COMPENSATION ACT; LIBERAL CONSTRUCTION IN FAVOR OF WORKINGMAN. — The

Workmen’s Compensation Act being a social legislation, and in line with the intent of the law to effect social
justice, the provisions thereof should be liberally construed in favor of the workingman (Luzon Brokerage
Co., Inc. v. Dayao, Et Al., 106 Phil., 525 Madrigal Shipping Co. v. Baens del Rosario, Et Al., L-13130,
October 31, 1959).