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Bautista vs. Borromeo, 35 SCRA 119

This document summarizes a court case from 1969 regarding a traffic accident that resulted in the death of Quintin Delgado, an employee of Federico O. Borromeo, Inc. Borromeo paid death benefits to Delgado's widow as required by the Workmen's Compensation Act. Borromeo then sued Abelardo Bautista and Roberto Tan Ting, the drivers involved in the accident, to recover the compensation paid. The court ruled that Borromeo had an obligation to pay death benefits to the widow under the Workmen's Compensation Act. This law also allows the employer to then sue third parties responsible for the accident to recover costs, which was the basis of Borromeo's lawsuit

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Gilda P. Ostol
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60 views2 pages

Bautista vs. Borromeo, 35 SCRA 119

This document summarizes a court case from 1969 regarding a traffic accident that resulted in the death of Quintin Delgado, an employee of Federico O. Borromeo, Inc. Borromeo paid death benefits to Delgado's widow as required by the Workmen's Compensation Act. Borromeo then sued Abelardo Bautista and Roberto Tan Ting, the drivers involved in the accident, to recover the compensation paid. The court ruled that Borromeo had an obligation to pay death benefits to the widow under the Workmen's Compensation Act. This law also allows the employer to then sue third parties responsible for the accident to recover costs, which was the basis of Borromeo's lawsuit

Uploaded by

Gilda P. Ostol
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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G.R. No.

L-26002 October 31, 1969

ABELARDO BAUTISTA and ROBERTO TAN TING, petitioners-appellees, vs.


FEDERICO O. BORROMEO, INC.,

FACTS:

On September 15, 1964, the Ford truck of petitioner Roberto Tan Ting driven
by Abelardo Bautista, the other petitioner, and the Volkswagen delivery panel truck
owned by respondent Federico O. Borromeo, Inc. (hereinafter called Borromeo)
were involved in a traffic accident along Epifanio de los Santos Avenue. In said
traffic accident, Quintin Delgado, a helper in Borromeo's delivery panel truck,
sustained injuries which resulted in his instantaneous death. Borromeo had to pay
Delgado's widow the sum of P4,444 representing the compensation (death benefit)
and funeral expenses due Delgado under the Workmen's Compensation Act.

On June 17, 1965, upon the averment that the said vehicular accident was
caused by petitioners' negligence, Borromeo started suit in the Municipal Court of
Mandaluyong, Rizal to recover from petitioners the compensation and funeral
expenses it paid to the widow of Quintin Delgado. At the scheduled hearing of the
case on July 23, 1965, neither petitioners nor their counsel appeared. Borromeo
was thus allowed to present its evidence ex parte. On the same day, July 23, 1965,
the municipal court rendered judgment in favor of Borromeo and against the
petitioners in the principal sum of P4,444, and P500 attorney's fees, and costs.

ISSUE:

Whether or not the respondents (Federico Borromeo) have the obligation to pay the
death compensation for the widow of their employee (Quintin Delgado)

RULING:

No. Borromeo paid the widow of its employee, Quintin Delgado,


compensation (death benefit) and funeral expenses for the latter's death while in
the course of employment. This obligation arises from law — Section 2 of the
Workmen's Compensation Act. The same law in its Section 6 also provides that "[i]n
case an employee suffers an injury for which compensation is due under this Act by
any other person besides his employer, it shall be optional with such injured
employee either to claim compensation from his employer, under this Act, or sue
such other person for damages, in accordance with law; and in case compensation
is claimed and allowed in accordance with this Act, the employer who paid such
compensation or was found liable to pay the same, shall succeed the injured
employee to the right of recovering from such person what he paid: ..."

It is evident from the foregoing that "if compensation is claimed and


awarded, and the employer pays it, the employer becomes subrogated to and
acquires, by operation of law, the worker's rights against the tortfeasor."
No need then there is to establish any contractual relationship between
Quintin Delgado and herein petitioners. Indeed, there is none. The cause of action
of respondent corporation is one which does not spring from a creditor-debtor
relationship. It arises by virtue of its subrogation to the right of Quintin Delgado to
sue the guilty party. Such subrogation is sanctioned by the Workmen's
Compensation Law aforesaid. It is as a subrogee to the rights of its deceased
employee, Quintin Delgado, that Borromeo filed a suit against petitioners in the
Municipal Court of Mandaluyong, Rizal.

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