G.R. No. 36858; March 6, 1933
Justa Afable and the minors Potenciano Madlangbayan and Rosa Madlangbayan, by Justa Afable, as guardian ad litem, plaintiffs-appellants, vs. Singer Sewing Machine Company, defendant-appellee.

FACTS

Leopoldo Madlangbayan, a collector for the Singer Sewing Machine Company on commission, was fatally injured in a traffic accident in Manila while riding a bicycle home after making collections on a Sunday in his assigned district of San Francisco del Monte. He had moved his residence to Manila without notifying the company. The driver of the truck that hit him was criminally convicted and ordered to indemnify his heirs. His heirs filed a claim for death compensation and burial expenses under the Workmen’s Compensation Act (Act No. 3428, as amended).

ISSUE

Whether the accident that caused Madlangbayan’s death occurred “due to and in the pursuance of” his employment, entitling his heirs to compensation under Act No. 3428.

RULING

No. The Supreme Court affirmed the dismissal of the complaint. The accident did not occur “due to and in the pursuance of” his employment. At the time, he was merely on his way home after finishing his work, having left his assigned territory. As a general rule, an accident occurring while going to or from work does not arise out of and in the course of employment. The employer is not an insurer against all accidents befalling an employee. Furthermore, the company did not require Sunday work, furnish the bicycle, or know of his change of residence, indicating the risks were personal and not incidental to his employment.

AI Generated by Armztrong.