G.R. No.

L-16600

December 27, 1961

ILOILO CHINESE COMMERCIAL SCHOOL, petitioner,

vs.
LEONORA FABRIGAR and THE WORKMEN'S COMPENSATION COMMISSION, respondents
Facts: Santiago Fabrigar had been employed as a janitor-messenger of the respondent Iloilo Chinese Commercial
School. His work includes sweeping and scrubbing the floors, cleaning the classrooms and the school premises, and
other janitorial chores. On March 11, 1956, in preparation for the graduation, he carried desks and chairs from the
classroom to the auditorium, set curtains and worked harder and faster than usual. Although he felt shortness of
breath and did not feel well, he continued working. On March 13, he spat blood and stopped working. From April 29
to May 15, 1956 , he received treatment for far advanced pulmonary tuberculosis and for heart disease from Dr.
Quirico Villareal.
On June 28, 1956, Santiago Fabrigar died of beriberi adult. His common-law wife, Leonora Fabrigar with his heirs
filed claim for compensation with the Workmens Compensation Commission wherein it was alleged tht the cause of
death was pulmonary tuberculosis contracted during and as a result of his employment as janitor. The hearing
officer denied the claim and dismissed the case. He concluded that there was no causal connection between the
cause of death and the said employment. The decision was appealed. The Workmens compensation Commission
concluded that he had been suffering from such disease and his employment as a janitor aggravated his pre-existing
illness. And although there was a discrepancy between the cause of death beriberi adult and the testimony of Dr.
Villareal, the latter was given credence. The commission ordered Chinese Commercial School, Inc. to pay the
claimant. The decision was appealed. Petitioner contended that the Commission erred in finding that the cause of
death was tuberculosis and as a result of his employment; holding that the petitioner was the employer of the
deceased.
Issue: whether there is an employee-employer relationship when the former is employed and paid by its Board of
Directors that would warrant the heirs of the deceased employer compensation under Workmens compensation law?
Held: Yes. There was an employee-employer relationship between the respondent school and the deceased.
Although it is true that the Board of Directors, the Chinese Chamber of Commerce was the one who pays for the
janitorial service of the school, it was still the latter who exercised supervision and control over the performance of
the deceased. And the court held that power to control employees conduct is the most important test of employeremployee relation. The decision appealed from was dismissed.