G.R. No. 35584 ; November 3, 1932
GLORIA ENCISO, plaintiff-appellee, vs. MARIANO DY-LIACCO, defendant-appellant.

FACTS

Meliton Dimamay, the husband of plaintiff Gloria Enciso, was employed as the master of the motor launch Aloneros owned by defendant Mariano Dy-Liacco, a contractor. On September 2, 1929, during a strong hurricane in Nato Bay, Camarines Sur, Dimamay attempted to move the launch to a safer location. The anchor stuck, the launch capsized, and Dimamay drowned. Enciso, as widow, filed a claim for death compensation under Act No. 3428 , the Workmen’s Compensation Act. The trial court awarded her compensation. The defendant appealed, arguing the Act did not apply because his gross income was not proven to be at least P40,000, the Act does not cover marine accidents, and the death was due to a fortuitous event.

ISSUE

Whether the plaintiff is entitled to death compensation under Act No. 3428 .

RULING

Yes. The Supreme Court affirmed the trial court’s decision.
1. On the gross income requirement, the Court found it sufficiently proven by a certificate from the Deputy Collector of Internal Revenue (Exhibit D-1) showing the defendant’s gross income for 1928 exceeded P40,000. As the defendant was engaged solely in the contracting business, this income was presumed derived therefrom.
2. On the applicability to marine accidents, Section 38 of Act No. 3428 expressly covers employers’ liability to employees engaged in the interisland trade, which included the launch Aloneros.
3. On force majeure, the Court held that the Workmen’s Compensation Act creates liability without fault on the part of the employer. It abrogates common law and Civil Code doctrines on culpability for negligent acts. Therefore, the fortuitous nature of the accident does not exempt the employer from liability under the Act.

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