Case Summary (G.R. No. 148420)
Procedural History
Maria Juego sued D.M. Consunji for damages in the RTC of Pasig. The court awarded statutory and compensatory damages, loss of earning capacity, moral damages, and attorney’s fees. The Court of Appeals affirmed in toto. D.M. Consunji petitioned the Supreme Court.
Admissibility of the Police Report
D.M. Consunji challenged the police report as inadmissible hearsay. Under Rule 130, Section 44, entries in official records by a public officer are prima facie evidence of the facts stated. Because PO3 Villanueva personally investigated, testified in court, and was cross-examined, those portions of the report reflecting his own observations were admissible. Statements in the report not based on his personal knowledge remained hearsay but were unnecessary to establish the accident and death.
Application of Res Ipsa Loquitur
The Court of Appeals applied the doctrine of res ipsa loquitur to infer negligence from the circumstances: the platform fell, resulting in death; the construction site was under the exclusive control of D.M. Consunji and its personnel; and there was no contributory negligence by Juego. Once the plaintiff establishes these requisites, the burden shifts to the defendant to explain, not to prevent the presumption from arising.
Hearsay and Inadmissibility of Fabro’s Sworn Statement
D.M. Consunji relied on a sworn statement of its leadman, Ferdinand Fabro, to prove due care. As an unsworn affidavit not given under oath in court, Fabro’s statement was hearsay and inadmissible. Consequently, petitioner failed to rebut the inference of negligence.
Election of Remedies and Waiver Doctrine
Under Article 173 of the Labor Code, state-insurance benefits generally bar other claims against the employer. However, in Floresca v. Philex Mining, the Court allowed a widow to sue under the Civil Code if she learned of employer negligence only after claiming compensation. The CA applied this exception: Maria Juego received monthly ECC benefits without knowledge
...continue readingCase Syllabus (G.R. No. 148420)
Facts of the Incident
- On November 2, 1990 at about 1:30 p.m., Jose A. Juego, a carpenter employed by D.M. Consunji, Inc., fell fourteen floors from the elevator core platform of Renaissance Tower, Pasig City, and was pronounced dead on arrival at Rizal Medical Center at 2:15 p.m.
- The platform measured 4.8 m by 2 m, made of channel beam with plywood flooring, suspended by cable wires and hooked to a five-ton chain block.
- The police investigation found that the pin connecting the platform to the chain block was merely inserted and lacked a safety lock; it became loose, causing the platform and victim to fall.
- Two co-workers jumped clear and survived; Juego was crushed to death.
Trial Court Proceedings
- On May 9, 1991, Maria J. Juego, widow of the deceased, filed a complaint for damages in the RTC of Pasig against D.M. Consunji, Inc.
- Employer-defendant pleaded, among other defenses, that the widow had already availed herself of State Insurance Fund benefits under the Labor Code.
- The RTC found in favor of the widow and awarded:
- ₱50,000 for death
- ₱10,000 as actual and compensatory damages
- ₱464,000 for loss of earning capacity
- ₱100,000 as moral damages
- ₱20,000 as attorney’s fees, plus costs
Court of Appeals Decision
- The Court of Appeals affirmed the RTC decision in toto.
- It held the police report admissible as an entry in official records under Section 44, Rule 130, Rules of Court.
- It applied the doctrine of res ipsa loquitur to presume petitioner’s negligence.
- It ruled that the widow’s prior State Insurance Fund benefits did not bar her civil action under the Civil Code because she learned of the employer’s negligence only after receiving these benefits.
Issues Presented on Petition for Review
- Whether the police report was inadmissible hearsay.
- Whether res ipsa loquitur was improperly applied.
- Whether petitioner was not presumed negligent under Civil Code Article 2180.
- Whether the widow was precluded from a Civil Code action by her prior benefits under the Labor Code.