Id. at 38.  Id. at 29. [4]  Records, p. 199. [5]  Rollo, pp. 29-39. [6]  Records, p. 199. [7]  Article 1711. Owners of enterprises and other employers are obliged to pay compensation for the death of or [2] [3] injuries to their laborers, workmen, mechanics or other employees even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of employment. The employer is also liable for compensation if the employee contracts any illness or diseases caused by such employment or as the result of the nature of the employment. If the mishap was due to the employees own notorious negligence, or voluntary act, or drunkenness, the employer shall not be liable for compensation. When the employees lack of due care contributed to his death or injury, the compensation shall be equitably reduced. [8]  Records, pp. 1-10. [9]  Id. at 17-19. [10]  Article 391, New Civil Code. The following shall be presumed dead for all purposes , including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not be heard for four years since the loss of the vessel or aeroplane; (2)     A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. [11]  Records, pp. 199-203. [12]  Villa  Rey  Transit, Inc v. Court of Appeals, G.R. No. L-25499, 18 February 1970, 31 SCRA 511. [13]  Records, pp. 199-203. [14]  Id. at 231. [15]  CA rollo, pp. 86-96. [16]  Rollo, p. 40. [17]  Id. at 19-20. [18]  Floresca  v.  Philex  Mining Corporation, 220 Phil. 533, 547-548 (1985). [19]  Macropper  Mining Corporation v.  Abeleda, G.R. No. L-33851, 15 August 1988, 164 SCRA 316, 318. [20]  G.R. No. L-43674, 30 June 1987, 151 SCRA 333, 337. [21]  193 Phil. 560, 577 (1981). [22]  138 Phil. 761, 765-766 (1969). [23]  Villa  Rey  Transit v. Court of Appeals, supra note 12. [24]  Id. [25]  La  Mallorca  v. Court of Appeals, G.R. No. L-20761, 27 July 1966, 17 SCRA 739, 745. [26]  Bacarro  v.  Castao, 203 Phil. 563, 571 (1982). [27]  Article 1764, New Civil Code, Batangas  Transportation Co. v.  Caguimbal, 130 Phil. 166, 171 (1968). [28]  Article 1700, New Civil Code. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contacts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shops, wages, working conditions, hours of labor and similar subjects. [29]  Article 2197. Damages may be: (1)     Actual or compensatory; (2)     Moral; (3)     Nominal; (4)     Temperate or moderate; (5)     Liquidated; or (6)     Exemplary or corrective.