Manila Surety & Fidelity Co v. Workmen'S Compensation Commission

CASTRO, J.:

Simeon Mallari was employed as a laborer of the Pineda Furniture Store located at Abanao St. in Baguio City, from 1947 until his death on May 3, 1965, with an average weekly wage of P36. On the latter date, while inside the shop of the furniture store, and during working hours, Mallari was stabbed to death by a fellow employee.

The claimant Maria P. Mallari is his widow with eight minor children, all of whom were fully dependent upon him for support. Pursuant to section 30 of Act 3428 as amended. Adela Pineda, the owner of the furniture store, obtained workmen's compensation policy DG-WC-312 from the intervenor-appellant Manila Surety & Fidelity Co., Inc. This policy was in force from May 1, 1965 to May 1, 1966.

ID virtue of this policy, the intervenor-appellant bound itself to a maximum liability of P15,000 for any one employee. The policy covers, in the language of the policy itself, "seven (7) shop workers," without mention of names of the employees covered.

The amount of P364.50 was duly paid as insurance premium. Acting on the claim of the widow Maria P. Mallari, Referee Erudito E. Luna of the Regional Office No. 1 in Dagupan City rendered a decision, declaring the death of Simeon Mallari compensable, absolving the Pineda Furniture Store from liability, and adjudging the intervenor company liable to pay compensation benefits to the surviving dependents of Simeon Mallari on the basis of the workmen's compensation policy already adverted to. and ordering the respondent-intervenor company: 1.

To pay to the widow, Mrs. Maria P. Mallari and her minor children, thru this Office the total amount of FOUR THOUSAND FOUR HUNDRED NINETY TWO PESOS AND 80/100 (P4,492.80), as compensation benefit, plus the amount of P200.00, for burial expenses; and 2. To pay to this Office the amount of P45.00 as Administrative Costs, pursuant to Section 55 of the Act, to wit: (a) 1.00 for the decision ...................................................................... P 1.00 (b) 1.00 for every hundred pesos of the Award which in this case is 4,492.80 P 44.00