ABONG vs. THE WORKMEN'S COMPENSATION COMMISSION et al FACTS:
Aladino Dionson, Filomeno Umbria, Noel Lahao-lahao, Juanita Juanita Monteroyo and Wilfredo Monteroyo and Demetrio Esoreal, all deent !ere members of a fishin" outfit, the #$WA%# or more &o&ularly alled the #ALE'#, o!ned by &etitioner herein, Dr. A"ustino (. Abon". May )*, )+, this fishin" outfit set out to sea. he deedents !ere amon" the / re! members. While they !ere, thus, fishin", ty&hoon #$(MA# &assed alon" their !ay, satterin" the boats and blo!in" them far out into the o&en sea. he tra"edy netted ei"ht 012 dead !hile some si3ty 0/2 men survived the disaster. As a onse4uene of the inident seven 02 noties and laims for death om&ensation !ere filed !ith the 5aolod 6ub-(e"ional 7ffie of the De&artment of Labor by herein &rivate res&ondents A o&y of the noties and laims !ere !ere sent to &etitioner Dr. Dr. A"ustino A"ustino (. Abon" Abon" by re"istered mail at his &lae of business, but the envelo&es ontainin" said n oties and laims !ere returned unlaimed, althou"h &etitioner !as &ersonally notified thrie. After due hearin" before Atin" (eferee, 5ertito 5ertito D. Dadivas, he rendered on Au"ust ), )+, a deision "rantin" the laims. 8etitioner filed a 0)2 motion to set aside the order delarin" him in default and a 092 se&arate motion to set aside the Deision of the Atin" (eferee, to !hih seasonable o&&ositions !ere inter&osed by &rivate res&ondents on 6e&tember 9, )+. Who is the statutory em&loyer of the deedents and !ho should be liable for their death om&ensation. ISSUE:
RATIO:
here is a faint attem&t by &etitioner A"ustino (. Abon" Abon" to evade liability by advanin" the theory that he had absolutely no voie or intervention in the hoie, hirin", dismissin", ontrol, su&ervision and om&ensation of the fishermen-re! members, and that these matters, !hih are the essene of em&loyer-em&loyee relationshi&, are the sole res&onsibility of the team leader, 6im&liio 8an"aniban, and the team-members or re! &ursuant to their A"reement he ontention of &etitioner is devoid of merit. $t should be &ointed out that this ase is an a&&eal from the deision of the Wor:men;s
&roeedin"s, only 4uestions of la! should be raised, the findin"s of fats made by the
As &ointed out by the the &ayment of !a"es> the &o!er of dismissal and the em&loyer;s &o!er to ontrol the em&loyees; ondut. hese &o!ers !ere lod"ed in &etitioner Abon", thru his a"ent, 6im&liio 8an"aniban, !hom he alle"es to be his #&artner#. 7n this sore alone, the &etitioner for revie! must fail. $t is !ell-settled that em&loyer-em&loyee relationshi& involves findin"s of fat !hih are onlusive and bindin" and not sub?et to revie! by this
