YSMAEL
MARITIME CORPORATION, petitioner, vs. HON. CELSO AVELINO, in his capacity as
Presiding Judge of Branch XIII, Court of First Instance of Cebu and SPOUSES
FELIX C. LIM AND CONSTANCIA GEVEIA, respondents
G.R. No. L-43674 | June 30, 1987
FACTS:
Rolando G. Lim, a licensed 2nd
mate, was on board the vessel M/S Rajah, owned by petitioner Ysmael Maritime
Corporation, when the same ran aground and sank near Sabtan Islan, Batanes.
Rolando perished as a result of that incident.
Claiming that Rolando’s untimely death was due to the negligence of petitioner, his
parents, respondents Felix Lim and Consorcia Geveia, sued petitioner for
damages.
In its answer, petitioner-defendant alleged
that the respondents had already been compensated by the WCC for the same
incident, for which reason they are now precluded from seeking other remedies
against the same employer under the Civil Code.
ISSUE:
Whether the compensation remedy under the
Workmen’s Compensation Act, and now under the Labor Code, for work-connected
death or injuries sustained by an employee, is exclusive of the other remedies
available under the Civil Code
RULING:
Respondent Lim spouses cannot be allowed to
maintain their present action to recover additional damages against petitioner
under the Civil Code. Respondent Consorcia Geveia admitted that they had
previously filed a claim for death benefits with the WCC and had received the
compensation payable to them therefrom. It is therefore clear that respondents
had not only opted to recover under the Act but they had also been duly paid. At
the very least, a sense of fair play would demand that if a person entitled to
a choice of remedies made a first election and accepted the benefits thereof,
he should no longer be allowed to exercise the second option. “Having staked
his fortunes on a particular remedy, he is precluded from pursuing the
alternate course, at least until the prior claim is rejected by the
Compensation Commission.”
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