PEDRO ELEGADO, PETITIONER, VS. WORKMEN’S COMPENSA­TION COMMISSION AND THE UNITED BUS LINE, RESPONDENTS.

This is a petition for review of the decision of the Workmen’s
Compensation Commission dated Decem­ber 29, 1975, which reversed the award of
Regional Office No. 4 of the Department of Labor.

It appears from the records that claimant Pedro Elegado was employed
as a regular bus driver of respondent United Bus Line.  Sometime in October, 1971 he contracted
illness in the course of his employment described as PTB, rheumatism and peptic
ulcer.  On September 15, 1973, he stopped
working due to his illness.  Despite due
notice, respondent United Bus Line did not file an employer’s report nor
controvert the claim of herein petitioner; for which reason an outright award
was issued by Regional Office No. 4 of the Department of Labor, ordering re­spondent
to pay (1) claimant the sum of P2,184.00 as compensation, and (2) P22.00 as
administrative fee.  This award was,
however, reversed by the Workmen’s Compensation in its decision which reads:

“It appears in the notice and claim filed on May 31, 1974,
that the claimant was employed by the respondent as driver.  On September 15, 1973, he stopped working,
due to an illness diagnosed as ‘PTB far advanced, peptic ulcer and rheumatism,’
by Dr. Pastora R. Zacarias.

“Despite due notice, respondent did not file an Employer’s
Report and its controversion required by law. 
This patent defect operates as a waiver of its right to present
non-jurisdictional defenses, as well as to challenge the claimant’s right to
compensation under the law, in a claim compensable per se.

“However, the claim anchored on a service-connected PTB failed
to show its credibility.  The only
medical proof on records is a Physi­cian’s Report purporting to show that
claimant is allegedly suffer­ing from PTB, but sad to state, the same is not
corroborated by any laboratory report or chest x-ray examination to prove that
claimant is really suffering from PTB on or before he stopped working on Septem­ber
15, 1973.

“The award, whose only foundation is the respondent’s failure
to file an Employer’s Report prescribed by law, is of no moment, since it
cannot make the claim compensable in the absence of substantial evidence
required by the rules of the Commis­sion. 
Therefore, we are constrained to reverse the award on appeal, for lack
of merit.”

This decision must be reversed. 
The uncontro­verted physician’s report of sickness submitted by Dr.
Pastora R. Zacarias, the physician of the Depart­ment of Labor, who treated and
examined petitioner, diagnosed the illness of Pedro Elegado as PTB advanced,
peptic ulcer and rheumatism.  According
to said medi­cal report, petitioner lost 100% of his body use and he can do
only light but not gainful work.  In
other words petitioner incurred permanent total disability.

The illness of petitioner occurred during the period of his
employment with respondent, giving rise to the presumption that it was caused
or aggravated by his work.  This
presumption has not been rebutted by respondent.  The nature and condition of his work as bus
driver, exposed to the polluted air of the dusty road, heat, cold, and changes
of weather con­ditions, with no fixed time to eat, certainly weakened his body
resistance and made him susceptible to ill­ness.

By its failure to seasonably controvert the claim the respondent
cannot invoke any non-jurisdic­tional defense.

The claim of respondent bus line that it is not a corporation, a
juridical or natural person or an entity authorized by law to sue and be sued
is without merit.  It may be true that
the name United Bus Line is merely a trade or business name of public utility
buses operated by JAR Silva, Inc.. 
United Bus Line is the extension of the personality of its operator,
which should not escape liability by the simple expedience of its utilizing a
different trade or business name.  The
judgment against the United Bus Line is a judgment against its operator.

WHEREFORE, THE DECISION OF THE RESPONDENT WORKMEN’S
COMPENSATION COMMISSION IS HEREBY REVERSED AND RESPONDENT UNITED BUS LINE OR
ITS OPERATOR JAR SILVA, INC. IS HEREBY ORDERED

(1) TO PAY PETITIONER PEDRO ELEGADO THE AMOUNT OF SIX THOUSAND
PESOS [P6,000.00] AS DISABILITY COMPENSATION;

(2) TO REIMBURSE PETITIONER ALL HIS MEDICAL AND HOSPITAL EXPENSES;
AND

(3) TO PAY SIXTY-ONE PESOS [P61.00] AS ADMINISTRATIVE FEE.

SO ORDERED.

Teehankee, (Chairman), Fernandez, Guerrero, De Castro, and Melencio-Herrera, JJ., concur.