Case Digest: Afable v. Loyola, No. L-7789, May 27, 1955

Labor Law | Policy and Definitions

Facts:

  • Teofilo Loyola was employed by the Maloma Sawmill as a mechanic. 
  • Arsenio Rivera, owner of a timber concession, agreed to supply the mill with logs and timber. Dy Hian Tat was an agent of the Maloma Sawmill with a contract to sell sawn lumber of the mill on commission basis. 
  • On February 9, 1953, an employee of Rivera requested Loyola to repair the truck of Dy Hian Tat. Loyola repaired the truck and rode on it on its way to the sawmill loaded with logs belonging to Rivera.
  • Unfortunately, the truck got out of control, resulting in Loyola's death.
  • Workmen's Compensation Commission: Ordering petitioners (Luis S. Afable, et al.) to pay to respondents (Antonia Leonardo Vda. de Loyola, et al.) the sum of P4,000 as compensation, plus legal interest.
WoN the death of Loyola was compensable. YES

The act of the late Loyola in repairing the truck may be deemed to be as one done in the course of his employment as a mechanic and as one arising out of said employment. While his main work was that of a mechanic of the sawmill, he was, however, also available to any other odd job that may be assigned to him by the management as shown by the' fact that he was living with his family within the compound of the sawmill. 

When he was asked to repair the truck, he did so with the tacit consent of the mill superintendent. Loyola acted the way he did believing it to be his duty because the work to be done was in furtherance of the interest of his employer.

Petition denied.

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