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  • D.M. Consunji, Inc. v. CA (2001) : G.R. No. 1387873 April 20, 2001 Facts

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    DM Consunji v. CA; Damages; Persons and Family Relations; Civil Law; Case Digests

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    DM Consunji v. CA

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    DM Consunji v. CA; Damages; Persons and Family Relations; Civil Law; Case Digests

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    95 views1 page

    D.M. Consunji, Inc. v. CA (2001) : G.R. No. 1387873 April 20, 2001 Facts

    Uploaded by

    delayinggratification
    DM Consunji v. CA; Damages; Persons and Family Relations; Civil Law; Case Digests

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    D.M. Consunji, Inc. v.

    CA (2001)
    G.R. No. 1387873
    April 20, 2001
     
    FACTS:
     Petitioner: D.M. Consunji, Inc.
    o Counsels: Castillo, Laman, Tan, Pantaleon and San Jose Law Offices
     Respondent: Court of Appeals and Maria J. Juego
    o Counsel: Manuel Y. Fausto
     
    PROCEDURAL HISTORY
     May 9, 1991: Maria Juego (Jose's widow) filed a complaint for damages against the
    deceased's employer D.M. Consunji, Inc. (RTC Pasig)
    o RTC: rendered decision in favor of the widow, ordering defendant to pay the plaintiff
    compensatory damages, loss of earnings, moral damages, attornye's fees and costs of
    suit
     Court of Appeals: AFFIRMED decision of RTC

    ISSUE/S
     Whether or not the widow is barred from availing death benefits under the Civil Code having
    availed damages under the Labor Code
     
    PETITIONER'S ARGUMENT:
     Argues that the private respondent had previously availbed of the death benefts under the
    Labor Code and is therefore precluded from claiming form the deceased employer damages
    under the Civil Code.
    o Article 173 of the Labor Code: "Extent of liability"
     When the employer avails of the State Insurance fund it shall be inclusive
    and in place of all other liabilities of the employer to the employee, he/she or their
    dependents or anyone otherwise entitled to receive damages on behalf of the
    employee/dependants
    o Section 5 of the Workmen's Compensation Act: "Exclusive right to compensation"
     
    HOLDING:
     Held
    o 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.
    o 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.
    o 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.

    JUDGMENT:
    - REMANDED to the RTC for determination of award.
    - REMANDED to the RTC (Pasig) to determine whether the award decreed in its decision is
    more than that of the ECC.
    - Should the reward be greater than the awarded by the ECC, payments already made to the
    private respondent pursuant to the labour code shall be deducted therefrom.
    - In all other respects, the decision of the CA is AFFIRMED.

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