DELA CRUZ, Mary Joy Ann B.

1J – Legal Research

D.M. CONSUJI, INC. petitioner, vs. COURT OF APPEALS and MARIA J. JUEGO, respondents

G.R. No. 137873

April 20, 2001

Facts:

One evening on Nov. 2, 1990, Jose Juego, a construction worker of D.M. Consuji, Inc., the petitioner, fell to

death 14 floors from Renaissance Tower, Pasig City while performing his work. Maria J. Juego, the deceased’s

husband, filed for damages against the petitioner. The Regional Trial Court then rendered a decision in favor of the

widow awarding her damages. The decision was affirmed by the Court of Appeals. D.M. Consuji then seeks for the

reversal of this decision on the ground that the widow’s prior availment of benefits from State Insurance Fund

prevented her from claiming further benefits from the employer.

Issue:

Whether or not Maria J. Juego was precluded from recovering damages under the Civil Code after availing

the death benefits of her deceased husband under the Labor Code.

Held:

The widow, Maria J. Juego, was precluded from recovering damages under the Civil Code after she availed

of the death benefits of her deceased husband under the Labor Code. An injured worker has a right of selection

between availing of the worker’s right under the Workmen’s Compensation Act and suing under the Civil Code for

higher damages, but he/she cannot pursue both simultaneously.

When an election has already taken place, it becomes final and results in a waiver of election. However, this

waiver of election would not be applicable if there is a lack of knowledge of fact. In the case at bar, there was no

proof that the widow knew of the remedies available to her before claiming damages under the Labor Code. Therefore,

the Supreme Court held that D.M. Consuji, Inc. should pay Maria J. Juego, provided that whatever she had already

received from the State Insurance Fund will be deducted from the court’s award of damages.