Valerio Famorca v. Commissioner, Workmen'S Compensation Commission, et al.
Supreme Court
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-16921 September 27, 1961
VALERIO FAMORCA,petitioner-appellee,
vs.
THE COMMISSIONER, WORKMEN'S COMPENSATION COMMISSION, BUREAU OF LABOR, and THE DEPUTY SHERIFF OF KIANGAN, MOUNTAIN PROVINCE,respondents-appellants.
Jesus B. Santos for petitioner-appellee.
E. R. Trillo for respondents-appellants.
PADILLA,J.:
A claim for P335.57 under the Workmen's Compensation Act was filed by Ernesto Sison for injury on one of his legs while in the employ of Valerio Famorca. Not having been controverted the Workmen's Compensation Commission awarded the sum claimed as compensation. The award became final as no appeal had been taken therefrom. The Commission ordered the execution of the award and directed the deputy sheriff of Kiañgan, Mountain Province, to carry it out. A petition for a writ of prohibition was filed to prevent the Commission and the deputy sheriff from carrying it out, and after hearing the Court of First Instance of Kalinga, Bontoc and Ifugao granted the writ prayed for. From such judgment this appeal had been taken.
InPastoral vs. The Commissioners of the Workmen's Compensation Commission, et al.,G.R. No. L-12903, 31 July 1961, this Court held that —
. . . the Workmen's Compensation Commission has no power to issue a writ of execution of its awards or decisions. Section 51 of Act No. 3428 as amended by Act No. 3812, by Comm. Act No. 210 and by Republic Act No. 772, approved on June 20, 1952, provides: —
SEC. 51.Enforcement of award. — Any party in interest may file in any court of record in the jurisdiction of which the accident occurred a certified copy of a decision of any referee or the Commissioner, from which no petition for review or appeal has been taken within the time allowed therefor, as the case may be, or a certified copy of a memorandum of agreement duly approved by the Commissioner, whereupon the Court shall render a decree or judgment in accordance therewith and notify the parties thereto.
The decree or judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though the decree or judgment had been rendered in a suit duly heard and tried by the Court, except that there shall be no appeal therefrom.1awphîl.nèt
The Commissioner shall, upon application by the proper party or the Court before which such action is instituted, issue as certification that no petition for review or appeal within the time prescribed by section forty-nine hereof has been taken by the respondent.
The above legal provisions are clear and unequivocal both in their language and purpose. The interested party may file in any court of record in the jurisdiction of which the accident occurred, a certified copy of the referee's or Commissioner's final decision and the Court will issue ajudgmentbased upon said decision of the referee or Commissioner; and it is this judgment of the court that can be enforced by a writ of execution to be issued by the said court, considering Sec. 8, Rule 39, of the Rules of Court.
x x x x x x x x x
It would appear evident, therefore, that the powers given to the W.C.C. by the Reorganization Acts, cannot validly include the power to amend Sec. 51 of the Workmen's Compensation Law, heretofore quoted, for to do so would be to diminish the jurisdiction and the judicial power and functions vested by law on the courts of record, by virtue of said section, to issue or order a writ of execution by the promulgation of a judgment, which power or authority the Workmen's Compensation Commission never had, before the Reorganization Acts had been passed.
The judgment appealed from is affirmed, without pronouncement as to costs.
Bengzon, C.J., Labrador, Concepcion, Reyes, J.B.L., Paredes and De Leon, JJ., concur.
Barrera and Dizon, JJ., took no part.
Related decisions
Decisions on similar questions that neither cites the other: they rely on the same precedents, are cited together, or apply the same law.
- L-9069 March 28 v. Aguilar1958both apply Act 210, Act 3428, Act 3812
- L-6870 May 24 v. Rio1954both apply Act 210, Act 3428, Act 3812
- L-16172 April 28 v. Castillo1962both apply Act 210, Act 3428, Act 3812
- L-15658 August 21 v. Villanueva1961both apply Act 210, Act 3428, Act 3812
- L-10150 May 29 v. Vicente Tupas and Workmen's…1957both apply Act 210, Act 3428, Act 3812
- Oceanmarine Resources Corporation v. Nedic2022both apply Act 210, Act 3428, Act 3812
- L-13704 April 18 v. Ampil1962both apply Act 210, Act 3428, Act 772
- L-9807 April 17 v. Workmen's Compensation Commission…1957both apply Act 3428, Act 3812, Act 772
Laws it applies
- Act 210An Act Extending the Provisions of the Provincial Government Act…1×
- Act 3428An Act Prescribing the Compensation To Be Received By Employees for…1×
- Act 3812An Act To Amend Certain Provisions of the Workmen's Compensation…1×
- Act 772An Act To Amend Section Forty-Seven of Act Numbered Eighty-Two and…1×
- RA 772An Act To Further Amend Act Numbered Three Thousand Four Hundred…1×
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