Case: Ondoy vs. Ignacio – G.R. No.

L-47178, May 16, 1980

Ondoy, petitioner v. Ignacio, respondent

G.R. No. L-47178, May 16, 1980, Supreme Court, EN BANC

FACTS:

Estrella Ondoy, mother of one Jose Ondoy, an employee who worked under Virgilio Ignacio, filed a case
asking for compensation for her son.

Jose Ondoy was aboard the ship of the respondent’s company as an employ. Private respondent’s chief
engineer and oiler submitted affidavits to the effect that indeed Ondoy was on board the ship and was
supposed to have been invited his friends for a drinking spree. The affidavit of the chief mate, to the
effect that the deceased was drowned and died in the line of duty, was ignored by the hearing officer,
dismissing it for lack of merit. A motion for reconsideration was duly filed but in an order by the
Secretary of Labor, the motion was also dismissed on the same ground, hence this review.

ISSUE:

Whether or not can a claim for compensation be granted by virtue of social justice.

RULING:

Yes. It was held in Agustin v. Workmen’s Compensation Commission that, “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 stricter compliance. Social justice in these cases is not equality but
protection.

Therefore, the petition for review is granted and petitioner Estrelita B. Ondoy is awarded the sum of
P6,000.00 as compensation for the death of her son, Jose Ondoy, P300.00 for burial expenses; and
P600.00 as attorney’s fees.