D.M.

Consunji v Court of Appeals

G.R. No. 138322 | October 2, 2002

J. Kapunan

Fact:

An employee of the Plaintiff fell 14th floors high which lead to the former’s death. Plaintiff was
sued by the employee’s wife. After establishing the facts, the plaintiff was found guilty of negligence and
sentenced to pay civil damages.

Plaintiff escalated the issue to the Court of Appeals however affirmed former decision of lower
court. Plaintiff approaches the Supreme Court with notable contentions seeking reversal of CA decision.

Contentions of the plaintiff except one we’re declined. Arising from the wife already
compensated with employee death benefits waiving herself of the alternate choice for filing civil lawsuit
in effect is ground for nullity of CA decision. However wife isn’t knowledgable of such condition and
existing alternative due to insufficient education in which such scenario is to be further evaluated.

Issue:

Should the CA decision be reversed proportionate with the plaintiffs’ contentions?

Held:

No, even though Art 3 of the Civil Code implies on the general awareness of all laws such as
Article 6 of the Civil Code, such discrepancy by the wife shall ruled for consideration given her
deficiencies of knowledge. Hereby wife has capacity to obtain payment for civil damages minus the
already acquired compensation from the employee death benefit.