G.R. No. L-44653 - Catalina V. Vda. De Labuca vs. Workmens Compensation Commission
Manila
FIRST DIVISION
G.R. No. L-44653 May 31, 1977
CATALINA V. VDA. DE LABUCA,petitioner,
vs.
WORKMEN'S COMPENSATION COMMISSION and REPUBLIC OF THE PHILIPPINES (Bureau of Public Schools),respondents.
Mercedes M. Respicio, Citizens Legal Assistance Office for petitioner.
Acting Solicitor General Hugo E Gutierrez, Jr., Assistant Solicitor General Santiago V. Kapunan and Solicitor Celso S. Ylagan for respondents.
MARTIN,J.:
Petition for review
Petitioner, Catalina V. Vda. de Labuca, filed the present petition in her capacity as the widow of the late Domingo Labuca who has been employed by respondent Bureau of Public Schools as a public schoolteacher since 1938 up to the time of his death on March 6, 1973. It was during his employment that he was afflicted with pulmonary tuberculosis and which illness eventually led to his death. After his death, his widow, the petitioner herein filed a claim for death benefits with the Workmen's Compensation Unit of Regional Office No. VII which claim respondent Republic failed to controvert on time. After hearing the case on the merits, the Acting Referee issued an award in favor of petitioner, the dispositive portion of which reads:
WHEREFORE, the respondent is hereby ordered to pay, through this Office, the following pecuniary obligations, to wit:
1. To claimant, in lump sum, the total amount of FIVE THOUSAND SEVEN HUNDRED NINETY FOUR and 76/100 (P5,794.76) PESOS (P4,680.00) as death benefits plus P914.76 reimbursable medical and hospital expenses plus P200.00- burial expenses equals P5,794.76) as death benefits;
2. To Atty. Urial Leopando, the counsel who helped the claimant litigate this claim, the amount of TWO HUNDRED THIRTY FOUR (P234,00) PESOS, as attorney's fee; and
3. To this Office the amount of FORTY SEVEN (P47.00) PESOS, as administrative fee, pursuant to Section 55, Act No. 3428, as amended.
Respondent Bureau of Public Schools appealed the award of the Acting Referee to the respondent Workmen's Compensation Commission.
Upon review of the case, the respondent Commission sustained the compensability of the claim but disallowed the payment of benefits to petitioner on the ground that "(T)he records is bereft of such evidence to sustain the findings that she is the legal wife of the decedent. According to the respondent Commission the certificate of marriage issued by the Parish Priest of Lila, Bohol, attesting to the fact that they were married cannot be considered authentic document to prove filiation between the deceased and the herein claimant but only a proof of the solemnization of their marriage sacrament."
We cannot agree with the respondent Commission's ruling. Evidently, it lost sight of the presumption found in Section 5 of Rule 131
IN VIEW OF THE FOREGOING,the decision of the respondent Commission is hereby reversed and set aside and that of the Acting Referee modified, requiring respondent Republic of the Philippines (Bureau of Public Schools), to pay petitioner in lump sum the total amount of P6,000.00 as death compensation benefits; the amount of P914.76 as reimbursement for medical and hospital expenses and the amount of P200.00 for burial expenses; to Atty. Urial Leopando the amount of P600.00 as attorney's fees and to the proper office, the amount of P61.00 as administrative fee. Without pronouncement as to costs.
SO ORDERED.
Teehankee (Chairman), Makasiar, Antonio and Muñoz-Palma, JJ., concur.
Footnotes
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(bb) That a man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage;
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