FACTS:
Jose Juego, a construction worker of the DM Consunji, Inc., fell 14 floors from the Renaissance Tower on November 2, 1990 and died. His wife, Maria, filed a complaint for damages against the DMCI before the Regional Trial Court (RTC) of Pasig. The DMCI argued, in defense, that Maria Juego already availed of the death benefits from the State Insurance Fund.
The RTC ruled in favor of Maria. The DMCI filed an appeal before the Court of Appeals (CA) but the CA affirmed the decision of the RTC in toto.
In the DMCI's appeal, it contended that upon Maria's claim of the death benefits from the State Insurance Fund, she may no longer prosecute a civil action against the employer citing the Workmen Compensation's Act.
ISSUE:
Whether or not the waiver of Ms. Maria's rights was valid during the time that she claimed the death benefits while she was unaware that in doing so, she is relieved from her right to pursue a civil action against the DMCI.
Whether or not Maria's civil action against the DMCI is valid.
RULING:
No. Maria's waiver of her rights was not valid primarily because she was not fully aware of the effect of such claim of the death benefits from the State Insurance Fund. Even if the law has established that everyone is presumed to know the law, Maria's background was taken into consideration and was given merit considering that she only reached elementary school and she did not know about the damages that could be recovered from the death of her husband.
In the case at bar, Maria may still file a civil action against the DMCI.
Jose Juego, a construction worker of the DM Consunji, Inc., fell 14 floors from the Renaissance Tower on November 2, 1990 and died. His wife, Maria, filed a complaint for damages against the DMCI before the Regional Trial Court (RTC) of Pasig. The DMCI argued, in defense, that Maria Juego already availed of the death benefits from the State Insurance Fund.
The RTC ruled in favor of Maria. The DMCI filed an appeal before the Court of Appeals (CA) but the CA affirmed the decision of the RTC in toto.
In the DMCI's appeal, it contended that upon Maria's claim of the death benefits from the State Insurance Fund, she may no longer prosecute a civil action against the employer citing the Workmen Compensation's Act.
ISSUE:
Whether or not the waiver of Ms. Maria's rights was valid during the time that she claimed the death benefits while she was unaware that in doing so, she is relieved from her right to pursue a civil action against the DMCI.
Whether or not Maria's civil action against the DMCI is valid.
RULING:
No. Maria's waiver of her rights was not valid primarily because she was not fully aware of the effect of such claim of the death benefits from the State Insurance Fund. Even if the law has established that everyone is presumed to know the law, Maria's background was taken into consideration and was given merit considering that she only reached elementary school and she did not know about the damages that could be recovered from the death of her husband.
In the case at bar, Maria may still file a civil action against the DMCI.
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