ESTRELLA ONDOY VS.

VIRGILIO IGNACIO
G.R. NO. L-47178 MAY 16, 1980
FERNANDO, C.J.:

Facts:
Jose Ondoy, son of Estrella Ondoy, drowned while in the employ of Virgilio Ignacio.
According to the chief engineer and oiler, Jose Ondoy was aboard the ship as part of the
workforce. He was invited by friends to a drinking spree, left the vessel, and thereafter was
found dead. Therefore, Estrella was asking for compensation from the death of her son while in
the respondents employ. However, the statement given by the chief engineer and oiler was
ignored by the hearing officer and therefore dismissed the claim for lack of merit. Even when a
motion for reconsideration was filed, this was also denied by the Secretary of Labor for the same
reason, that is, lack of merit.

Issue:
Whether or not the compensation for the death of Jose Ondoy is constitutional
Whether or not social justice is applicable in this case.

Ruling:
Yes. There was no due diligence in the fact finding of the Department of Labor. It merely
disregarded the statements made by the chief engineer and oiler.
Yes. The principle of social justice applied in this case is a matter of protection, not
equality. The Court recognized the right of the petitioner to the claim of compensation because
her son was shown to have died while in the actual performance of his work. To strengthen the
constitutional scheme of social justice and protection to labor, The Court quoted another case as
between a laborer, usually poor and unlettered, and the employer, who has resources to secure
able legal advice, the law has reason to demand from the latter the stricter compliance.