G.R. No. 44112 , December 21, 1935
ELISA DE LA CRUZ, plaintiff-appellant, vs. HIJOS DE I. DE LA RAMA & CO., defendant-appellee.

FACTS

The plaintiff, Elisa de la Cruz, widow of Crecenciano Moralda, filed a claim for compensation under Act No. 3428 (Workmen’s Compensation Act), as amended, for the death of her husband. Moralda was a chauffeur for the defendant company. While driving a truck loaded with sugar down a steep slope at 40-50 kilometers per hour, he unexpectedly met an oncoming car. To avoid a collision, he made a maneuver causing the truck to fall into a ditch, overturn, and catch fire. Moralda suffered fatal burns from the accident.

ISSUE

Whether the plaintiff is barred from claiming compensation due to the notorious negligence of the deceased employee, as provided under Section 4 of Act No. 3428 .

RULING

No, the plaintiff is not entitled to compensation. The Supreme Court affirmed the dismissal of the action. The Court found that Moralda was guilty of notorious negligence. He was driving at an excessive speed on a steep and curved road with a loaded truck without sounding his horn. This negligence was the direct and immediate cause of the accident. Under Section 4 of Act No. 3428 , compensation is not payable when the injury or death is caused by the employee’s notorious negligence. Therefore, the defendant employer is not liable.

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