Jahara, et.al. vs. The Mindanao Lumber Company

G.R. No. L-36830

February 16, 1933

FACTS:

This is an action commenced in the Court of First Instance of Zamboanga by the plaintiffs for the recovery of compensation from the defendant company for the death of the workman, Moro Sapturani, in accordance with the provisions of Act No. 3482, otherwise as the "Workmen's Compensation Act."

The late Moro Kingan was engaged in the business of cutting timber within the defendant's concession, employing laborers for that purpose, among them Sapturani. Kingan paid his cutter's wages and delivered the timber and firewood to the defendant company which paid him the corresponding value thereof. On the morning of February 12, 1930, between 6 and 6.30 o'clock, Sapturani, who was about to go to the place where he was engaged in cutting timber, by means of the defendant's train operating in the place, was run over by the last car of the train as it was moving backwards, and died almost instantly as a result of injuries received on different parts of his body.

Mora Jahara, the divorced wife of the deceased, his daughters, Albaya and Mandasiang, and their respective husbands, Ladaya and Bachaja, are the plaintiffs and appellants in this case.

ISSUE:

1.     The court a quo erred in holding that the accident causing the death of Moro Sapturani was due to his negligence in trying to embark on the rear platform of the train of the defendant corporation at the Chinkang Sawmill, Naga-Naga, which was moving backwards at the time of the accident, and not holding that Moro Sapturani was overrun and killed by the train of the defendant corporation thru the negligence and carelessness of the employees of the latter.

2.     The trial court erred in holding that the preponderance of the weight of evidence is in favor of the defendant and against that of the plaintiffs.

3.     The trial court erred in holding that in view of the negligence of Moro Sapturani, the defendant cannot be made liable for the payment of compensation to the plaintiffs under the Worksmen's Compensation Act No. 3428 as amended by Act No. 3812, and in not holding that even admitting the facts stated in the decision, the paupers- appellants are still entitled to their claim under the law.

HELD:
The trial court declared that the deceased was notoriously negligent in connection with the accident, because the evidence shows that he tried to board the rear platform of the car as it was moving backwards; that he succeeded in getting a foothold but failing to obtain a hold of the car, he fell to the ground and was run over by the train.

The Court reviewed all the evidence presented and find that the conclusions reached by the trial court are supported by preponderance thereof. It noted that the plaintiffs' witnesses gave a different version of the accident. It also agree with the lower court that Sapturani acted with notorious negligence in attempting to board the train in the manner in which he did and, consequently, the action cannot be maintained in accordance with subdivision 3 of section 4 of Act No. 3428 which provides that no action for the recovery of compensation shall prosper when the accident upon which it is based is due to the notorious negligence of the workman.