Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-20131 October 31, 1962
MACO STEVEDORING CORPORATION, petitioner,
vs.
HON. MACAPANTON ABBAS and NENITA URSAL, respondents.
R E S O L U T I O N
DIZON, J.:
This is an original petition for certiorari, with an application for a writ of preliminary injunction, filed by Maco Stevedoring Corporation against the Hon. Macapanton Abbas, Judge of the Court of First Instance of Davao, Second Branch, and Nenita S. Ursal, for the annulment of an order for the issuance of a writ of execution issued by respondent judge in Civil Case No. 3713 of his court.
It appears that in B.W.C. Case No. 2722 entitled Nenita S. Ursal, Claimant. vs. Maco Stevedoring Corporation, Respondent, of Regional Office No. 8 of the Department of Labor, Davao City, the Regional Office Administrator made an award on September 13, 1960 ordering the therein respondent to pay the claimant the total sum of P2,808.00 as compensation for the death of Sergio S. Ursal as a result of an accident which occurred in the course of his employment with the aforesaid Maco Stevedoring Corporation, plus the sum of P29.00 payable to the Regional Office as fee in accordance with law.
On February 26, 1962, Ursal filed with the Court of First Instance of Davao, presided by respondent judge, a petition for the issuance of a writ of execution in connection with the award mentioned above, pursuant to the provision of Section 52, Act No. 3428, as amended. Petitioner herein objected to the issuance of the writ of execution claiming that the order of award of September 13, 1960 had been withdrawn because the case where it was made had been dismissed by the Hearing Officer of the Regional Labor Office on November 10, 1960. Respondent judge, however, after hearing the petition for execution, granted the same in the order complained of.
The present petition is without merit and must be dismissed.
It is true that under date of November 10, 1960, the Hearing Officer of the Regional Labor Office mentioned heretofore issued in B.W.C. No. 2722 an order of the following tenor:
Before this case is heard for the relief from an order of award, Ruperto C. Garcia, President of the respondent corporation in the above-entitled case, filed a petition to withdraw its previous petition on grounds stated in the petition to withdraw.
There being no other cause of action pending, it is the interest of justice that there be an end to every litigation.
WHEREFORE, this case is hereby ordered dismissed.
It is easy to deduce from the above order that the Maco Stevedoring Corporation had filed a petition "for the relief from an order of award" and that its President, Ruperto C. Garcia, filed a petition to withdraw the same. Consequently, the order of the Hearing Officer providing that "this case is hereby ordered dismissed" can refer only the dismissal or withdrawal of the aforesaid petition for relief. It could not possibly refer to a dismissal of the claim of respondent Ursula where an order of award had already been entered since almost two months before.
WHEREFORE, the petition under consideration is dismissed for lack of merit, with costs.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, Regala and Makalintal, JJ., concur.
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