D.M.

CONSUNJI vs CA
PETITIONER: D.M. CONSUNJI
RESPONDENT: CA
GR No. 137873
April 20, 2001
Facts:
*November 2, 1990, around 1:30 PM Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14
floors from the Renaissance Tower, Pasig City. He was immediately rushed to Rizal Medical Center,
however, was pronounced Dead on Arrival by Dr. Errol de Yzo at around 2:15 PM.
*Juego, together with 2 other co workers were performing carpentry duties on a platform when it fell
due to the removal of pin which was inserted to connect the chain block, however without safety lock.
Juegos co-workers Jaluag and Destajo were able to jump out the platform to safety. Juego, unfortunately,
was a casualty of the accident.
*On November 25, 1990, PO3 Rogelio Villanueva of the Eastern Police District filed the police report
after investigating the tragedy.
*On May 9, 1991, Maria Juego filed a complaint to the Regional Trial Court which arrived at a favorable
decision on her part to receive assistance from D.M. Consunji with the amount of
644,000.00
*D.M. Consunji seeks to reverse this decision.
Issue:
Whether Maria Juego can still assert damages from D.M. Consunji apart from the death benefits she
claimed under the State Insurance Fund.
Ratio:
The respondent is not barred from recovering damages under the civil code. The court ruled that case is
an exemption because the private respondent, Maria Juego, was not aware of petitioners negligence when
she filed her claim for benefits from the State Insurance Fund. The respondent was not only ignorant of
the facts, but of her rights as well. The decision of the court is affirmed.

Supreme Court remanded to the RTC of Pasig City to determine whether the award decreed in its
decision is more than that of the Employees Compensation Commission (ECC). Should the award
decreed by the trial court be greater than that awarded by the ECC, payments already made to private
respondent pursuant to the Labor Code shall be deducted therefrom.