[ G.R. No. L-20141. October 31, 1962 ]

[ G.R. No. L-20141. October 31, 1962 ]

[ G.R. No. L-20141. October 31, 1962 ]

MACO STEVEDORING CORPORATION, PETITIONER VS. HON. MACAPANTON ABBAS AND NENITA URSAL, RESPONDENTS.

D E C I S I O N

SUMMARY

FOR the death of Sergio S. Ursal, caused by an accident which occurred in the course of his employment with the petitioner, upon the claim of private respondent for compensation, the Department of Labor, Davao City Regional Office, made an award and at the same time, ordered the petitioner to pay to claimant the amount of the award. Claimant petitioned the court for the issuance of writ of execution which was objected to by the petitioner on the ground that the order of award had been withdrawn. The court granted the motion for execution. Hence, this petition for certiorari.

The Supreme Court dismissed the petition.

RULING

THE order of the Hearing Officer providing that "this case is hereby ordered dismissed" can refer only to the dismissal or withdrawal of the petition for relief. It could not possibly refer to a dismissal of the claim of respondent Tjrsal where an order of award had already been entered since two months before.