Case No.

2
BAUTISTA VS BORROMEO
FACTS:

A 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. were involved in a traffic accident along EDSA.
In said accident, Quintin Delgado, a helper in Borromeo’s delivery panel truck sustained
injuries w/c resulted in his instantaneous death. Borromeo had to pad Delgado’s widow
the sum of P4,444 representing compensation (death benefit) and funeral expenses
due Delgado under the Workmen’s Compensation Act. On June 17, 1965, upon
averment that the said accident was caused by petitioners’ negligence, Borromeo
started to 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.
Petitioners filed a notice of appeal and claimed excusable negligence for the failure of
their counsel to appear in the first hearing and asserted that they had a good and
substantial defense. Respondents’ answer contended that the petition for relief was
filed out of time.
ISSUE:
WON there is a need to establish any contractual relationship between Quintin
Delgado and herein petitioners?
HELD:
No. The obligation of the employer to pay death benefits and funeral expenses
for his employee’s death while in the course of employment as sanctioned by Section 2
and 6 of the Workmen’s Compensation Act is one that arises from law. It is evident
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
Delgado and the petitioners. The cause of action if respondent corp is one w/c does not
spring from a credit0r-debtor relationship. IT arises by virtue of its subrogation to the
right of Delgado to sue the guilty party. Such subrogation is sanctioned by the
Workmen’s Compensation Law aforesaid.