FACTS:
Several miners, who, while working at the copper
mines underground operations at Tuba, Benguet on June 28, 1967, died as a
result of the cave-in that buried them in the tunnels of the mine. The heirs of
the deceased claimed their benefits pursuant to the Workmen’s Compensation Act
before the Workmen’s Compensation Commission. They also petitioned before the
regular courts and sue Philex for additional damages, pointing out in the
complaint 'gross and brazen negligence on the part of Philex in failing to take
necessary security for the protection of the lives of its employees working
underground'. Philex invoked that they can no longer be sued because the
petitioners have already claimed benefits under the Workmen’s Compensation Act,
which, Philex insists, holds jurisdiction over provisions for remedies.
ISSUE:
Whether or not the heirs of the deceased have a
right of selection between availing themselves of the worker’s right under the
Workmen’s Compensation Act and suing in the regular courts under the Civil Code
for higher damages (actual, moral and exemplary) from the employers by virtue
of that negligence or fault of the employers or whether they may avail
themselves cumulatively of both actions.
RULING:
The court held that
although the other petitioners had received the benefits under the Workmen’s
Compensation Act, such may not preclude them from bringing an action before the
regular court because they became cognizant of the fact that Philex has been
remiss in its contractual obligations with the deceased miners only after
receiving compensation under the Act. Had petitioners been aware of said
violation of government rules and regulations by Philex, and of its negligence,
they would not have sought redress under the Workmen’s Compensation Commission
which awarded a lesser amount for compensation. The choice of the first remedy
was based on ignorance or a mistake of fact, which nullifies the choice as it
was not an intelligent choice. The case should therefore be remanded to the
lower court for further proceedings. However, should the petitioners be
successful in their bid before the lower court, the payments made under the
Workmen’s Compensation Act should be deducted from the damages that may be
decreed in their favor.
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