Macabenta v. Davao Stevedore Terminal Company

Full Text:

Facts:

Conrado Macabenta was a laborer in the sawmill of the Davao Stevedore Terminal Company ate Manay, Panabo, Davao, about 48 kilometers from his residence in Davao City. Although quarters were provided by the respondent to its employees at the sawmill  many of them preferred to commute and the deceased went home about thrice a week, to which the respondent furnished the transportation. On the day following the accident, Conrado and Leonora were lawfully wedded in a marriage ceremony solemnized at San Pedro Hospital, Davao City, where the deceased was hospitalized up to his death. Leonora gave birth to the posthumous daughter at the deceased named Raquel. 

Issue:

Whether or not the widow of a deceased employee whose marriage occurred after the accident as well as the posthumous child could be considered dependents within the meaning of the Workmen's Compensation Act.

Held:

Yes, they are dependents whiting that of expressed in the Workmen's Compensation Act. 

From the express language of the Workmen's Compensation Act, a widow living with the deceased or actually dependent upon him totally or partly as well as her daughter, if under 18 years of age or incapable of supporting him or herself, and unmarried, whether or not actually dependent upon the deceased are considered dependents.

It is also supported in the fundamental principle that once the policy or purpose of the law has been ascertained, effect should be given to it by judiciary. Even if honest doubts could be entertained, therefore, as to the meaning of statutory provisions, still respect for such a basic doctrine calls for a rejection of the plea of DSTC.

Assuming a choice is necessary between conflicting theories, that which best conforms to the language of the statute and its purpose should prevail. In US v. Toribio, SC held that no construction is to be adopted that would tend "to defeat the purpose and object of the legislator."

Therefore, the decision of the Workmen's Compensation Commission of awarding the claimant widow for herself and in behalf of her minor child the compensation and attorney's fees is affirmed.