G.R. No. 36830 ; February 16, 1933
JAHARA, ET AL., plaintiffs-appellants, vs. THE MINDANAO LUMBER COMPANY, defendant-appellee.

FACTS

The plaintiffs, the divorced wife and daughters of the deceased Moro Sapturani, filed an action for compensation under the Workmen’s Compensation Act ( Act No. 3482 ) against the Mindanao Lumber Company. Sapturani was a laborer employed by Moro Kingan, who was engaged in cutting timber within the defendant’s concession and delivering it to the defendant company. On February 12, 1930, Sapturani was run over and killed by the last car of the defendant’s train as it moved backwards while he was about to go to his work site.

ISSUE

Whether the defendant company is liable to pay compensation for Sapturani’s death under the Workmen’s Compensation Act, considering the circumstances of the accident.

RULING

No. The Supreme Court affirmed the trial court’s judgment absolving the defendant from liability. The Court found that the preponderance of evidence established that Sapturani’s death resulted from his own notorious negligence—he attempted to board the rear platform of the moving train as it was backing up, lost his footing, fell, and was run over. Under Section 4(3) of Act No. 3428 (the Workmen’s Compensation Act), no action for compensation shall prosper if the accident is due to the workman’s notorious negligence. Therefore, the plaintiffs’ claim cannot be maintained. The appeal was dismissed without costs due to the appellants’ pauper status.

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