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Estrella B. Ondoy vs. Virgilio Ignacio, et al.

ESTRELLA B. ONDOY, petitioner, vs. VIRGILIO IGNACIO, Proprietor M/B LADY ESTRELLITA and/or IMPERIAL FISHING ENTERPRISES and/or THE SECRETARY OF LABOR and/or THE COMPENSATION APPEALS AND REVIEW STAFF, Department of Labor, respondents.

G.R. No. L-47178 | 1980-05-16

D E C I S I O N


FERNANDO, C.J.:

The undisputed facts argue strongly for the granting of the claim for compensation filed by petitioner, the mother of one Jose Ondoy, who was drowned while in the employ of private respondent, Virgilio Ignacio. Whatever be the cause for the failure to do so, it is admitted that there was no controversion. Such omission, fatal in character, was sought to be minimized by the filing of a motion to dismiss based on the alleged absence of an employment relationship. What cannot be ignored, however, is that subsequently, in the hearing of such claim, private respondent submitted affidavits executed by the chief...