DM Consunji vs CA Case Digest

Font: Engravers Text

Type of Pen: Zig Scroll & Brush

G.R. No. 137873, April 20 2001

Justice Kapunan

FACTS: Jose Juego, a construction worker of D. M. Consunji, Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. He was crushed to death when the [p]latform he was then on board and performing work, fell. And the falling of the [p]latform was due to the removal or getting loose of the pin which was merely inserted to the connecting points of the chain block and [p]latform but without a safety lock.Jose Juego’s widow, Maria, filed in the Regional Trial Court (RTC) of Pasig a complaint for damages against the deceased’s employer, D.M. Consunji, Inc.

The employer raised, among other defenses, the widow’s prior availment of the benefits from the State Insurance Fund. The employer argued that in Floresca, the claimants may invoke either the Workmen’s Compensation Act or the provisions of the Civil Code, subject to the consequence that the choice of one remedy will exclude the other and that the acceptance of compensation under the remedy chosen will preclude a claim for additional benefits under the other remedy. The exception is where a claimant who has already been paid under the Workmen’s Compensation Act may still sue for damages under the Civil Code on the basis of supervening facts or developments occurring after he opted for the first remedy.

Petitioner, argues that under Article 3 of the Civil Code, ignorance of the law excuses no one from compliance therewith. As judicial decisions applying or interpreting the laws or the Constitution form part of the Philippine legal system (Article 8, Civil Code), private respondent cannot claim ignorance of this Court’s ruling in Floresca allowing a choice of remedies.

ISSUE: Whether the private respondent is already barred from claiming damages under the Civil Code pursuant to Article 3 of the Civil Code.

HELD: No. The application of Article 3 is limited to mandatory and prohibitory laws. This may be deduced from the language of the provision, which, notwithstanding a person’s ignorance, does not excuse his or her compliance with the laws. The rule in Floresca allowing private respondent a choice of remedies is neither mandatory nor prohibitory. Accordingly, her ignorance thereof cannot be held against her.

In any event, there is no proof that private respondent knew that her husband died in the elevator crash when on November 15, 1990 she accomplished her application for benefits from the ECC. The police investigation report is dated November 25, 1990, 10 days after the accomplishment of the form. Petitioner filed the application in her behalf on November 27, 1990.

There is also no showing that private respondent knew of the remedies available to her when the claim before the ECC was filed.