VALERIO FAMORCA, PETITIONER AND APPELLEE, VS. THE COMMISSIONER, WORKMEN’S COMPENSATION COMMISSION, ETC., ET AL., RESPONDENTS AND APPELLANTS.

A claim for P335.57 under the Workmen’s Compensation Act was filed
by Ernesto Sison for injury on one of his legs while in the employ of
Valerio Famorca. Not having been controverted the Workmen’s
Compensation Commission awarded the sum claimed as compensation. The
award became final as no appeal had been taken therefrom. The
Commission ordered the execution of the award and directed the deputy
sheriff of Kiañgan, Mountain Province, to carry it out. A petition for
a writ of prohibition was filed to prevent the Commission and the
deputy sheriff from carrying it out, and after hearing the Court of
First Instance of Kalinga, Bontoc and Ifugao granted the writ prayed
for. From such judgment this appeal had been taken.

In Pastoral vs. The Commissioners of the Workmen’s Compensation Commission, et al., (112 Phil., 742), this Court held that—

* * * the Workmen’s Compensation Commission has no
power to issue a writ of execution of its awards or decisions. Section
51 of Act No. 3428 as amended by Act No. 3812, by Comm. Act No. 210 and
by Republic Act No. 772, approved on June 20, 1952, provides:—

“SEC. 51. Enforcement of award.—Any
party in interest may file in any court of record in the jurisdiction
of which the accident occurred a certified copy of a decision of any
referee or the Commissioner, from which no petition for review or
appeal has been taken within the time allowed therefor, as the case may
be, or a certified copy of a memorandum of agreement duly approved by
the Commissioner, whereupon the Court shall render a decree or judgment
in accordance therewith and notify the parties thereof.

“The
decree or judgment shall have the same effect, and all proceedings in
relation thereto shall thereafter be the same as though the decree or
judgment had been rendered in a suit duly heard and tried by the Court,
except that there shall be no appeal therefrom.

“The
Commissioner shall, upon application by the proper party or the Court
before which such action is instituted, issue a certification that no
petition for review or appeal within the time prescribed by section
forty-nine hereof has been taken by the respondent.”

The
above legal provisions are clear and unequivocal, both in their
language and purpose. The interested party may file in any court of
record in the jurisdiction of which the accident occurred, a certified
copy of the referee’s or Commissioner’s final decision and the Court
will issue a judgment based upon said decision of the referee
or Commissioner; and it is this judgment of the court that can be
enforced by a writ of execution to be issued by the said court,
considering Sec 8, Rule 39, of the Rules of Court.

*          *          *          *          *          *          *

It
would appear evident, therefore, that the powers given to the W.C.C. by
the Reorganization Acts, cannot validly include the power to amend Sec.
51 of the Workmen’s Compensation Law, heretofore quoted, for to do so
would be to diminish the jurisdiction and the judicial power and
functions vested by law on the courts of record, by virtue of said
section, to issue or order a writ of execution by the promulgation of a
judgment, which power or authority the Workmen’s Compensation
Commission never had, before the Reorganization Acts had been passed.

The judgment appealed from is affirmed, without pronouncement as to costs.

Bengzon, C. J., Labrador, Concepcion, Reyes, J. B. L., Paredes, and De Leon, JJ., concur.
Barrera and Dizon, JJ., took no part.