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    Vds de Nava v. Ynchausti Steamship

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    Gieldan Bulalacao
    Valentin Nava, a helmsman on a steamer owned by Ynchausti Steamship Co., was stabbed to death by two other crew members during an altercation while performing his duties on board. His widow, VDA De Nava, is seeking compensation for his death under the Workmen's Compensation Act. The court ruled that Nava's death was an accident under the Act even though it resulted from a criminal act, as it was unforeseen and not attributable to Nava. As an industrial employee whose duties involved piloting and controlling the boat's movements, Nava fell under the coverage of the Act. Therefore, his widow is entitled to compensation for his death.

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    Vds de Nava v. Ynchausti Steamship

    Uploaded by

    Gieldan Bulalacao
    60 views2 pages
    Valentin Nava, a helmsman on a steamer owned by Ynchausti Steamship Co., was stabbed to death by two other crew members during an altercation while performing his duties on board. His widow, VDA De Nava, is seeking compensation for his death under the Workmen's Compensation Act. The court ruled that Nava's death was an accident under the Act even though it resulted from a criminal act, as it was unforeseen and not attributable to Nava. As an industrial employee whose duties involved piloting and controlling the boat's movements, Nava fell under the coverage of the Act. Therefore, his widow is entitled to compensation for his death.

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    Case Digest

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    Valentin Nava, a helmsman on a steamer owned by Ynchausti Steamship Co., was stabbed to death by two other crew members during an altercation while performing his duties on board. His widow, VDA De Nava, is seeking compensation for his death under the Workmen's Compensation Act. The court ruled that Nava's death was an accident under the Act even though it resulted from a criminal act, as it was unforeseen and not attributable to Nava. As an industrial employee whose duties involved piloting and controlling the boat's movements, Nava fell under the coverage of the Act. Therefore, his widow is entitled to compensation for his death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    60 views2 pages

    Vds de Nava v. Ynchausti Steamship

    Uploaded by

    Gieldan Bulalacao
    Valentin Nava, a helmsman on a steamer owned by Ynchausti Steamship Co., was stabbed to death by two other crew members during an altercation while performing his duties on board. His widow, VDA De Nava, is seeking compensation for his death under the Workmen's Compensation Act. The court ruled that Nava's death was an accident under the Act even though it resulted from a criminal act, as it was unforeseen and not attributable to Nava. As an industrial employee whose duties involved piloting and controlling the boat's movements, Nava fell under the coverage of the Act. Therefore, his widow is entitled to compensation for his death.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    VICTORIA TALLER VIUDA DE NAVA, 

    plaintiff-appellant,
    vs.
    YNCHAUSTI STEAMSHIP CO., defendant-appellee.
    G.R. No. L-35741, December 20, 1932
    Facts:
    Valentin Nava, husband of petitioner VDA De Nava, is a helmsman of steamer Vizcaya,
    a vessel owned by respondent Ynchausti Steamship Co (YS). Aside from being in charge for
    steering Vizcaya, Valentin was also engaged in hauling in the ship's cable and in coiling the
    cable on the deck of the boat preparatory to passing it down a hatchway and bestowing it in its
    proper place in the vessel. One time, while engaged in hauling in the ship’s cable, Valentin found
    the space which they required for coiling the cable partly occupied by a folding bed belonging to
    Dalmacio Villanueva (Dalmacio). Valentin pushed the said folding bed to another place because
    it interfered their work. This resulted to a heated argument between Valentin and Dalmacio.
    Thereafter, Dalmacio jab Valentin in his stomach using a wooden bar. Vicente Villanueva
    (Vicente) then stabbed Valentin in his chest using a fan knife, penetrating the heart of the latter,
    which resulted in an almost instant death.
    Petitioner VDA De Nava is now asking for compensation for the death of her husband,
    pursuant to Act No. 3428, or the Workmen's Compensation Act of the Philippine Legislature, as
    amended.

    Issue:
    Whether or not VDA De Nava can claim compensation for the death of her husband.

    Held:
    YES.
    Section 2 of Act No. 3428 provides that compensation is demandable for a personal
    injury from any accident due to and in the pursuance of the employment. The word accident
    means that the act causing the injury shall be casual, in the sense of being unforeseen, and one
    for which the injured party is not legally responsible. While it is true that the death of Valentin is
    not an accident, it being a result of the criminal act of Villanueva brothers, but their acts may be
    an accident as regards one person or from one point of view and not an accident as regards
    another person and from another point of view. This homicide was not attributable to the act of
    deceased himself and was not capable of being foreseen as a likely consequence of the discharge
    of his duties.
    Valentin is also an industrial employee, falling within the ambit of Section 38 of Act No.
    3428. Valentin, being a helmsman, was charged with the performance of duties connected with
    piloting of the boat and controlling its movements when in motion. Duties of this character are
    clearly of an industrial nature, since they are concerned with effecting the ends and purposes of
    industry. Industrial employee covers all employment or work at a trade, occupation or
    profession exercised by an employer for the purpose of gain, subject only to the limitation of
    yearly gross income. Therefore, Nava is an industrial employee and entitled to compensation
    under the Act, provided the other circumstances attendant upon the accident which caused his
    death were of such nature as to bring him within the purview of the Act.

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