CASE DIGEST: Marcopper Mining Corporation v. Abeleda

 


MARCOPPER MINING CORPORATION, petitioner, vs. HON. JESUS V. ABELEDA, Presiding Judge, Court of First Instance of Marinduque, EUFROCINO IGNACIO, URSULA MINAY and JUANITA ALMARIO VDA. DE IGNACIO, as guardian ad litem of the minor, ALANIE IGNACIO, respondents
G.R. No. L-33851               |              Aug. 15, 1988

FACTS:

Alfonso Ignacio was killed in an accident while working in the petitioner’s plant. His widow, Juanita A. Ignacio, thereafter claimed full compensation for her husband’s death under the Workmen’s Compensation Act. She executed on the same day a “Satisfaction of Claim” for herself and her minor child, Alanie Ignacio, in which they waived all other claims under the said law against the petitioner. In addition, the petitioner voluntarily paid P10,000.00, which was accepted by the widow.

All this notwithstanding, the private respondents herein later filed a complaint against the petitioner for actual, moral, temperate and exemplary damages in the CFI of Marinduque. They alleged that Ignacio’s death was the result of the petitioner’s gross negligence in failing to provide safety measures prior to the repair of the defective disposal pipe that had exploded and killed him.

The petitioner moved to dismiss on the principal ground that full compensation had already been paid to and received by the widow and her minor child under the Workmen’s Compensation Act and that this barred the institution of another action under the Civil Code for the recovery of any further sum based on the said incident.

ISSUE:

Whether or not the widow in this case is barred from instituting an action for damages against petitioner

RULING:

In the Robles case, it was held that claims for damages sustained by workers in the course of their employment could be filed only under the Workmen’s Compensation Law, to the exclusion of all further claims under other laws. In Floresca, this doctrine was abrogated in favor of the new rule that 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.

It follows that having received full benefits under the Workmen’s Compensation Act plus the voluntary grant of another P10,000.00 from the petitioner, and there being no showing that they come under the exception, Juanita Ignacio and her minor child may no longer maintain their complaint in the respondent court for recovery of additional damages as a result of the death of Alfonso Ignacio.


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