FACTS: A construction
worker died when he fell 14 floors when the platform which he was on board fell
from the Renaissance Tower in Pasig City. He works for DM Consunji Inc. It was
noted that this happened because the pin inserted to the platform loosened and
there was no safety lock. His widow filed with RTC of Pasig a complaint for
damages against DM Consunji Inc. The employer averred that the widow already
availed benefits from the State Insurance Fund and that she cannot recover
civil damages from the company anymore.
ISSUE: W/N the widow is
already barred from availing death benefits under the Civil Code because she already availed damages under the Labor Code
HELD: Although SC ruled
that recovery of damages under the Worker’s Compensation Act is a bar to
recover under a civil action, the CA ruled that in this case, the widow had a
right to file an ordinary action for civil actions because she was not aware
and ignorant of her rights and courses of action. She was not aware of her
rights and remedies. Thus, her election to claim from the Insurance Fund does
not waive her claim from the petitioner company. The argument that ignorance of
the law excuses no one is not applicable in this case because it is only
applicable to mandatory and prohibitory laws.
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