D.M. Consunji vs. CA and Juego

TITLE: D.M. Consunji Inc. v Court of Appeals and Maria J. Juego

CITATION: GR No. 137873, April 20, 2001 | 357 SCRA 249

FACTS:

Around 1:30PM of November 2, 1990, Jose Juergo, a construction worker of D.M. Consunji Inc. fell 14 floors from the Renaissance Tower, Pasig City.  He was immediately rushed to Rizal Medical Center in Pasig City. The attending physician, Dr. Errol de Yzo, pronounce Jose dead on arrival (DOA) at around 2:15PM.

Jose Juergo, together with Jessie Jaluag and Delso Destajo, performing their work as carpenter at the elevator core of the 14^th floor of Tower D, Renaissance Tower Building were on board a platform.  Jose was crushed to death when the platform fell due to removal or looseness of the pin, which was merely inserted to the connecting points of the chain block and platform but without a safety lock.  Luckily, Jessie and Delso jumped out of safety.

PO3 Rogelio Villanueva of the Eastern Police District investigated the tragedy and filed report dated Nov. 25, 1990. Maria Juergo, Jose’s widow filed a complaint on May 9, 1991 for damages in the RTC and was rendered a favorable decision to receive support from DM Consunji amounting to P644,000.

DM Consunji seeks reversal of the CA decision.

ISSUE: Whether Maria Juergo can still claim damages with D.M. Consunji apart from the death benefits she claimed in the State Insurance Fund.

HELD:

The respondent is not precluded from recovering damages under the civil code.  Maria Juergo was unaware of petitioner’s negligence when she filed her claim for death benefits from the State Insurance Fund.  She filed the civil complaint for damages after she received a copy of the police investigation report and the Prosecutor’s Memorandum dismissing the criminal complaint against petitioner’s personnel. 

Supreme Court remanded to the RTC of Pasig City to determine whether the award decreed in its decision is more than that of the Employees Compensation Commission (ECC).  Should the award decreed by the trial court be greater than that awarded by the ECC, payments already made to private respondent pursuant to the Labor Code shall be deducted therefrom.