Friday, November 15, 2013

DM Consunji v. CA, G.R. No. 137873, April 20, 2001

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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