Ondoy Vs Ignacio

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ONDOY VS IGNACIO

-Petitioner is the mother of one Jose Ondoy, who was drowned while in the employ of
private respondent, Virgilio Ignacio. She asks the court to grant her claim for
compensation.
- From the submitted affidavits executed by the chief engineer and oiler of the fishing
vessel, it was said that Jose Ondoy was part of the workforce and was found dead after he
left the vessel when his friends invited him to a drinking spree.
- The statement of the chief engineer and oiler was ignored by the hearing officer and
therefore dismissed the claim for lack of merit.
- The Secretary of Labor also dismissed the motion for reconsideration for the same
reason.
ISSUE: W/N the claim for compensation is constitutional
W/N social justice is applicable in this case
HELD: (For issue #1) Yes. Since the Department of Labor merely disregarded the
statement of the chief engineer and oiler, there was no due diligence in the fact finding
made by it.
(#2) Yes, because social justice is a matter of protection, not equality. The Court held that
the claim for compensation must be granted because her son was shown to have died
while in the actual performance of his work. To strengthen the constitutional scheme of
social justice and labor, the Court quoted another case: As between a laborer, usually
poor and unlettered, and the employer, who has resources to secure able legal advice, the
law has reason to demand from the latter stricter compliance.

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