VDA. DE SANTIAGO v. REYESFebruary 29, 1960 | Labrador, J. | Review by certiorari | The Law-Fact DistictioSUMMARY:!etitioers "i#ed a c#ai$"or co$%esatio due to the death o"&ictoriao 'atia(o, a )ee%ey driver with a %rescribed route withi *ai#a ad thesuburbs, who was $urdered ad whose body was "oud i +ue,o. The -or.$e/s0o$%esatio0o$$issio"oud that his death didot arise out o" was otoccasioed i the course his e$%#oy$et sice he vo#utari#y wet out o" his route,therebyvio#ati(%ub#ic serviceru#es.'0he#d thatthe e$%#oyer"ai#edto %resetevidece i order to rebut the %resu$%tio i "avor o" the e$%#oyee.DOCTRINE:'ec. 12 o" the -or.$a/s 0o$%esatio 3ct estab#ishes a%resu$%tio that the deceased died whi#e i the course o" his e$%#oy$et.There"ore, it is icu$bet u%othe other %artyto%rove, basedosubstatia#evidece, otherwise.FACTS:1. &ictoriao 'atia(o was the driver o" a autoca#esa 4)ee%ey5 owed by 3(e#aReyes. 6e was #ast see o%erati( said )ee%ey at 9%$ o" 'e%t. 26, 1977. 6isbody was "oud the $ori( a"ter i Tayabas, +ue,o, obvious#y a victi$ o"$urder by%ersos at #ar(e adwhose idetities were ot .ow. 8t wassub$itted that res%odet (ave s%eci"ic istructios to "o##owthe route%rescribed by the !ub#ic 'ervice 0o$$issio 4withi *ai#a ad suburbs5.2. !etitioers "i#ed a c#ai$ "or co$%esatio be"ore the -or.$e/s 0o$%esatio0o$$issio. 8 decidi( whether 'atia(o/s death arose out o" or wasoccasioedithecourseo"hise$%#oy$et, 2$e$berso"the0o$$issio"oud that the deceased driver/s act o" deviati( "ro$ the route %rescribed "orhis observace costituted a %ositive "actor i bri(i( about his ow de$ise,ad"oudthedeceasedtohavewi##"u##yvio#ated%ub#icserviceru#es adre(u#atios, hece, the $a)ority deied the c#ai$.2. 3ssoc. 0o$$issioer de# Rosario disseted, stati( that there are #e(a#%resu$%tiosi"avor o" thee$%#oyeethat 4a5 thec#ai$co$eswithithe%rovisios o" the co$%esatio #aw, ad that 4b5 9the i)ury is ot occasioedbythewi##"u#itetioo"thei)urede$%#oyeetobri(aboutthei)uryordeath o" hi$se#" or o" aother:. These %resu$%tios were a#so estab#ished i'ec. 12 o" the -or.$e/s 0o$%esatio 3ct. Thus, the burde o" %roo" shi"tsto the e$%#oyer who $ust %reset substatia# evidece i order to overco$e the%resu$%tios, which, i this case, was ot %reseted.ISSUE/S:-o;thedeatho"thedeceasedaroseouto"orwasoccasioedithecourse o" his e$%#oy$et < =>'.HELD/RULING:Decisio '>T 3'8D>. Res%odet ordered to %ay theco$%esatio due the heirs uder the #aw.RATIO:1. The *a)ority/s reasoi( vio#ates the %resu$%tio #aid dow i 'ec. 69, %ar.4?5, Ru#e122o" theRo0@ 9That theordiarycourseo" busiesshasbee"o##owed:. 'icethereiso?uestiothat thedeceased, i$$ediate#ybe"ore#eavi( *ai#a, was e(a(ed i his e$%#oy$et, the the %resu$%tio is thathe %er"or$ed his duties #e(a##y ad i accordace with the ru#es ad re(u#atiosbecausethiswashisre(u#arob#i(atio.3ssuch, itwasicu$betu%otheres%odet to %rove that he did otherwise, or to %rove that he "ai#ed to co$%#ywith the re(u#atios, that is, that the deceased vo#utari#y wet out o" his routead drove his )ee%ey towards the %rovice o" +ue,o. They "ai#ed to do so.There bei( o such evidece sub$itted by the res%odet, we $ust coc#udethat he was "orced by the circu$staces beyod his wi## to (o outside o" hisroute 4threats o" the $a#e"actors who .i##ed hi$5.2. The 0ourt citedAata(as Tras%ortatio0o. v. Jose"ia deRivera, et. a#,wherei the bus driver was he#d to have died i the course o" his e$%#oy$eteve i" there were idicatios that there was %ersoa# ai$osity betwee theassai#at ad the victi$ which $ay have caused the assau#t. 'ice the deceaseddied whi#e drivi( the bus, the his death $ust have bee due to hise$%#oy$et. The %reset case is stro(er that the above-cited case, sice thereare o such idicatios %reset i this case. 3. The 0ourt ru#ed that the decisio o" the $a)ority which has bee a%%ea#ed "ro$is ot i cosoace with the #aw ad the eB%ress %rovisio o" 'ectio 12 o" the-or.$eCs 0o$%esatio LawD ad that by reaso o" such eB%ress %rovisio o"the #aw, it he#d that &ictoriao 'atia(o died by reaso o" ad i the course o"his e$%#oy$et ad cose?uet#y his heirs are etit#ed to receive theco$%esatio %rovided "or by #aw i such cases.