G.R. No. 36844 ; February 17, 1933
ALEJANDRIA SUÑGA, plaintiff-appellant, vs. THE CITY OF MANILA, defendant-appellee.

FACTS

Alejandria Suñga, widow of Narciso Yalun, filed a claim for death compensation under Act No. 3428 (Workmen’s Compensation Act) against the City of Manila. Yalun was a laborer for the city’s sanitation department. Suñga alleged that on the night of September 2 or 3, 1930, while Yalun was unloading garbage at the Chinese cemetery using an iron pitchfork, he accidentally wounded his own right foot. He later developed tetanus from the wound and died on September 17, 1930. The only evidence presented to prove how the injury occurred was the testimony of Suñga and her sister, who recounted what Yalun had told them about the accident. The trial court absolved the City of Manila, finding the evidence insufficient and inadmissible.

ISSUE

Whether the testimony of Suñga and her sister, repeating the deceased’s account of how he was injured, constitutes admissible and sufficient evidence to prove that the accident arose out of and in the course of employment, entitling Suñga to compensation.

RULING

No. The Supreme Court affirmed the trial court’s judgment. The testimony of the appellant and her sister was inadmissible as hearsay evidence. The deceased’s statements to them were not part of the res gestae because they were not made spontaneously at the time of the accident or immediately thereafter, but hours or even a week later. Consequently, there was no competent evidence to satisfactorily prove that the fatal wound was received during the performance of Yalun’s duties. The claim for compensation therefore failed.

AI Generated by Armztrong.