Case122 Aboitiz Vs Pepito Digest
Case122 Aboitiz Vs Pepito Digest
FACTS:
Heirs of Demetrio Pepito filed to Department of Labor of Cebu City a notice and
claim for compensation, asking for death benefits, and describing the circumstances
of the alleged death of Demetrio Pepito a crew of M/V P. Aboitiz, that on the night of
November 30, 1961 in the following manner, viz: "While the vessel was navigating
from Surigao to Tandag, the herein deceased was lost or reported missing as per
record of the deck log of the M/V P. Aboitiz". Without hearing, the Regional
Administrator issued an award for death benefits to respondents, planted upon the
ground that "the right to compensation of the claimant has not been controverted by
respondent within the period provided for by law." HENCE, the petition
ISSUE: Whether or not the alleged death of Demetrio Pepito can be taken as a fact.
DECISION: NO
Demetrio Pepito was lost or missing while the boat was navigating, he could
have been in danger of death. But of course, evidence must be taken that his existence
has not been known for four years or thereafter.