G.R. No. L-19843; January 30, 1965
NATIONAL POWER CORPORATION, petitioner, vs. WORKMEN’S COMPENSATION COMMISSION, ET AL., respondents.

FACTS

Enrique Gulmatico was employed as an assistant stockman by the National Power Corporation. His duties included checking materials, opening boxes, issuing supplies, arranging equipment, and performing errands within the plant compound. He often worked overtime, missed meals, and stayed late. On November 4, 1956, a Sunday, he was requested to work overtime, manually pumping gasoline to vehicles. After going home for lunch, he felt stomach pain but returned to work. That evening, he experienced severe stomach pain and vomiting. He was treated by the plant physician and later transferred to a hospital but died on November 5, 1956. The cause of death was certified as a ruptured chronic gastric ulcer, peritonitis, and toxemia. His widow, Dominica Luna, filed a claim for compensation on December 2, 1958. The hearing officer awarded compensation, which was affirmed by the Workmen’s Compensation Commission. The employer, National Power Corporation, appealed, arguing the claim was filed beyond the three-month statutory period.

ISSUE

Whether the claim for compensation was filed within the prescribed period under the Workmen’s Compensation Act.

RULING

The Supreme Court affirmed the decision of the Workmen’s Compensation Commission. While the claim was filed more than two years after the death, the employer was estopped from raising the defense of prescription. The employer knew of the death, as its representatives attended the interment, but failed to file the required “Employer’s Report” until December 11, 1958, after the claimant had filed her notice. This failure to comply with the obligatory report requirement constituted a waiver of the defense that the claim was not filed within the statutory period. The Court cited precedent (Martha Lumber Mill, Inc. v. Lagradante) that such failure may be deemed a waiver of the time limitation defense.