G.R. No. L-34194, February 20, 1932
BENIGNA CAUNAN, plaintiff-appellant, vs. COMPAÑIA GENERAL DE TABACOS DE FILIPINAS, defendant-appellee.

FACTS

Benigna Caunan, mother of the deceased carpenter Gregorio Afable, filed a claim under the Workmen’s Compensation Act ( Act No. 3428 ) against the defendant company. Afable was hired as a carpenter to repair the roof of a company building. While working, he stepped on a loose, un-nailed sheet of galvanized iron on the roof, which was slippery from rain. He slipped and fell seven meters to the ground, dying the next day from his injuries. The trial court dismissed the complaint, finding Afable guilty of notorious negligence.

ISSUE

Whether the deceased workman, Gregorio Afable, was guilty of notorious negligence under the Workmen’s Compensation Act, which would bar compensation for his death.

RULING

Yes. The Supreme Court affirmed the trial court’s dismissal. The Court held that Afable’s actions constituted notorious negligence. He was an experienced carpenter who had been working on the roof for some time, knew which sheets were loose, and chose to work wearing rubber-soled shoes on a wet and slippery roof without taking necessary precautions. This negligence was more than mere carelessness; it was evident and manifest, directly causing the fatal accident. Therefore, compensation under the Act was properly denied.

Dissenting Opinion (Justice Malcolm, concurred in by Justice Villamor):
The dissent argued for a liberal interpretation of the Workmen’s Compensation Act to effectuate its purpose of protecting workers. It contended that the death was an “accident” and did not involve notorious negligence, which should be interpreted as equivalent to gross or willful misconduct. The dissent believed the majority’s strict interpretation nullified the Act’s laudable objectives.

AI Generated by Armztrong.