III. D. 2. b.

Marinduque Iron vs Workmens Compensation FACTS: Pedro Mamador together with other laborers boarded a truck belonging to Marinduque Iron Mines Agents, Inc. On its way to the place of work at the mine camp at Talantunan, while trying to overtake another truck on the company road, the truck turned over and hit a coconut tree, resulting in the death of said Mamador and injury to the others.

The driver of the truck, Procopio Macunat, was prosecuted, convicted and sentenced to indemnify the heirs of the deceased. However, nothing was paid to the heirs of Mamador. ISSUE: WON there was notorious negligence by the deceased for having violated the employers prohibition to ride haulage trucks. HELD: No. There was no notorious negligence by the deceased. There is no doubt that mere riding on haulage truck or stealing a ride thereon is not negligence, ordinarily. It couldnt be, because transportation by truck is not dangerous per se. Although the employer prohibited its employees to ride the haulage trucks, its violation does not constitute negligence per se, but it maybe an evidence of negligence. Under the circumstance, however, it cannot be declared negligence because the prohibition had nothing to do with the personal safety of the riders. Violation of a rule promulgated by a Commission or board is not negligence per se; but it may be evidence of negligence. An order of the employer (prohibition rather) couldnt be of a greater obligation than the rule of a Commission or board.