D.M. CONSUNJI, INC. vs. COURT OF APPEALS and MARIA J. JUEGO | G.R. No. 137873 | April 20, 2010

D.M. CONSUNJI, INC. vs. COURT OF APPEALS and MARIA J. JUEGO
G.R. No. 137873, April 20, 2010 
 
Facts
 
Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, to his death. Jose Juego‘s widow then filed a petition for damages in the Regional Trial Court against the deceased employer. The employer raised the defense that Maria Juego already availed of the benefits provided by the State Insurance Fund. Considering the ruling in Pacarra vs. Cebu Autobus Company, an injured worker has a choice of either to recover from the employer the fixed amounts set by the Workmen‘s Compensation Act or to prosecute an ordinary civil action against the tort fees for higher damages but he cannot pursue both actions simultaneously. The Regional Trial Court rendered a decision in favor of the widow Maria Juego. On appeal by D.M. Consunji, the Court of Appeals affirmed the decision of the Regional Trial Court. 
 
Issue

Whether or not respondent is prohibited from recovering damages under the Civil Code. 
 
Ruling

No. Respondent is not barred from recovering damages under the Civil Code although she has already availed the benefits of the State Insurance Fund. The respondent‘s case is an exception because private respondent was not aware of petitioner‘s negligence when she filed her claim for benefits from the State Insurance Fund. She was not only ignorant of the facts, but of her rights as well. The decision of the court is affirmed. 

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