GR L 14079; (October, 1960) (Digest)
G.R. No. L-14079; October 26, 1960
METROPOLITAN WATER DISTRICT (now NAWASA), petitioner, vs. EDUVIGES OLEDAN NIRZA, for herself and as natural guardian of the minors ROSITA, ROGELIO and JAIME, all surnamed NIRZA, and WORKMEN’S COMPENSATION COMMISSION, respondents.
FACTS
The deceased, Felix Nirza, was a laborer of the Metropolitan Water District (MWD) and a member of the MWD Workers Union. On July 12, 1952, a dispute arose when MWD management instructed a second group of laborers, under Foreman Celestino Lingad of the rival MWD Brotherhood Association, to take over a sewer project from Nirza’s group to expedite completion. Nirza and his co-workers objected, leading to a heated discussion. The next working day, Nirza and his group were verbally informed of their suspension. They attempted to verify their status with MWD officials but received no clear answer, leading them to report to the MWD compound daily. On August 31, 1952, Nirza and a co-worker had an altercation with Alipio Morales, a driver for an MWD official and a member of the Brotherhood Association. On September 3, 1952, while at the MWD compound to inquire about his status, Nirza was chased and fatally shot by Alipio Morales. The MWD’s Board of Directors issued an order dismissing Nirza effective July 14, 1952, but this order was dated September 4, 1952, one day after his death. Furthermore, the Court of Industrial Relations had previously declared Nirza’s suspension void for lack of investigation and hearing, and the MWD had paid his back wages from July 14 to September 3, 1952, pursuant to a court order.
ISSUE
Whether the death of Felix Nirza arose out of and in the course of his employment, making his heirs entitled to death benefits under the Workmen’s Compensation Act.
RULING
Yes. The Supreme Court affirmed the decision of the Workmen’s Compensation Commission awarding death benefits to Nirza’s heirs. The Court found no reason to disturb the Commission’s factual findings, which are binding if supported by substantial evidence. The Court held that at the time of his death, Nirza’s suspension/dismissal was not yet final, as the Board’s dismissal order was issued a day after his death and the earlier suspension had been judicially declared void. Consequently, Nirza was still an employee duty-bound to report or be within his employer’s premises. His presence at the MWD compound to inquire about his employment status was incidental to his employment. Furthermore, the fatal quarrel was directly traceable to the work-related dispute over the turnover of the job on July 12, 1952, establishing that the injury and death arose out of and in the course of his employment. The petitioner was ordered to pay compensation not exceeding P4,000.00, burial expenses up to P200.00, and the required fees to the Commission.
