Ernesta Cabagnot
G.R. No. L-10675 April 29, 1960
Facts:
Dionisio Hio, a member of the Manila Bay Watchmen's Association, a duly registered labor
organization, was found dead. The deceased is survived by his wife Ernesta Cabagnot Hio and three
minor children all of whom were dependent on his wages at the time of his death. Upon a claim for
compensation made by the widow, in her behalf, and in behalf of her children, the Workmen's
Compensation Commission, finding that Dionisio Hio died of an accident that occurred in the course of
his employment, and declaring the Compaia Maritima as employer thereof, ordered that company to
pay these survivors the death compensation and other fees required of the Workmen's Compensation
Act, as amended. The petitioner claims that it never had any employer-employee relationship with the
deceased.
Issue: Whether or not the deceased was an employee of the Compaia Maritima, entitled to
compensation under the Workmen's Compensation Act.
Ruling:
While it is true that no written employment contract between the petitioner and the deceased
was presented in evidence, it is not disputed that the petitioner company owns the vessel where the
deceased was assigned as gangwayman, and it was found by the Commission that the salary of the
deceased was paid directly from the funds of petitioner. From these circumstances, it would the appear
that at the time of the accident the deceased was under petitioner's employ.
SEC. 39 (b). "Laborer" is used as a synonym of "employee" and means every person who has
entered the employment of, or works under a service or apprenticeship contract for an employer. It does
not include a person whose employment is purely casual and is not for the purpose of the occupation or
business of the employer.
For an employee to be excluded from the term "laborer" or "employee" under the Act, his employment
must be "purely casual and is not for the purpose of the occupation or business of the employer".
LABOR RELATIONS
Case Digests
1. COMPANIA MARITIMA vs. ERNESTA CABAGNOT, G.R. No. L-10675, April 29, 1960
2. ANASTACIO VIANA vs. ALEJO AL-LAGADAN, G.R. No. L-8967, May 31, 1956
3. GERONIMO DE LOS REYES vs. GREGORIO ESPINELI, G.R. No. L-28280-81, November
28, 1969
4. HAWAIIAN PHILIPPINE COMPANY vs. REYNALDO GULMATICO, G.R. No. 106231,
November 16, 1994
5. SAN MIGUEL CORPORATION vs. NLRC, G.R. No. 80774, May 31, 1988
6. TERESITA MONTOYA vs. TERESITA ESCAYO, G.R. No. 82211-12, March 21, 1989