D.M. Consunji vs. Court of Appeals

Facts:On November 2, 1990, Jose Juego, a construction worker of D.M. Consunji,

Inc. fell 14 floors from the Renaissance Tower, Pasig City causing his death. On May 9, 1991, Jose’s widow, Maria, filed in the Regional Trial Court a complaint for damages against the deceased’s employer. Maria, then, availed the benefits from the State Insurance Fund raised by the employer. Thereafter, it was proved that the company can be held liable for negligence under the Civil Code. Petitioner argues that private respondent had previously claimed the death benefits provided under the Labor Code and shall be prohibited from availing compensation from the employer.

Issue:Whether or not respondent is precluded from retrieving damages under the

Civil Code.

Held:No. Respondent is not precluded from retrieving damages under the Civil

Code even though she has already claimed the benefits from the State Insurance Fund. Although a claimant cannot simultaneously pursue recovery under the Labor Code and prosecute an ordinary course of action under the Civil Code, the private respondent’s case is an exception because she was not aware of the petitioner’s negligence when she filed her claim for benefits from the State Insurance Fund. The choice of the first remedy was based on ignorance or a mistake of fact, which nullifies the choice as it was not an intelligent choice because the private respondent would have claimed for higher compensation in pursuing an ordinary course of action under the Civil Code and would have waived the former right in which she was entitled. The case is remanded to trial court for determination of award. If the court finds that its award is greater than that of the ECC payments already received by private respondent under the Labor Code shall be deducted from the trial court’s award of damages. The Decision of the Court of Appeals is AFFIRMED.