Title
Floresca vs. Philex Mining Corp.
Case
G.R. No. L-30642
Decision Date
Apr 30, 1985
Heirs of Philex Mining workers killed in a 1967 cave-in sued for damages, alleging gross negligence. SC ruled trial court had jurisdiction; heirs could choose between Workmen's Compensation or Civil Code damages, but not both.

Case Summary (G.R. No. 178454)

Procedural History

– May 1968: Philex moved to dismiss for lack of jurisdiction, citing exclusive coverage under the Workmen’s Compensation Act.
– June 27, 1968: CFI dismissed the complaint.
– Sept. 23, 1968: CFI reinstated the case.
– Dec. 16, 1968: CFI again dismissed, ruling that the Workmen’s Compensation Commission had exclusive original jurisdiction.
– April 1976: SC resolved to hear the petition.

Issues

Whether heirs may pursue a civil action for damages under the Civil Code in regular courts or are limited to remedies under the Workmen’s Compensation Act.

Petitioners’ Arguments

– Complaint alleges causes of action under Civil Code articles on quasi–delict, not the Compensation Act.
– They seek actual, moral, and exemplary damages for employer’s bad faith and gross negligence.

Respondent’s Arguments

– Sections 5 and 46 of the Compensation Act grant exclusive rights and jurisdiction to the WCC, excluding other remedies against the employer.
– Employer’s negligence merely permits additional 50% compensation under Section 4-A of the Act.

Amici Curiae Positions

– Divergent views: exclusive remedy (Undersec. Bocobo, Justice Lazaro), purely selective remedy (Atty. Lazaro), or exclusive remedy once elected (Atty. Bacungan).

Court’s Analysis on Jurisdiction and Nature of Claims

The SC held that the tort claim under Civil Code is distinct from a compensation claim. The complaint does not invoke the Compensation Act; it alleges breach of contract and quasi-delict based on gross negligence. Civil Code remedies for actual, moral, and exemplary damages are not provided by the Compensation Act, which only awards fixed compensation benefits.

Choice of Remedies Doctrine

Relying on Pacafia v. Cebu Autobus Co., the SC ruled that an injured worker or heirs may choose either compensation under the Compensation Act or bring a civil action for higher damages, but not both simultaneously. The initial election under ignorance of employer’s negligence is not binding; hence, those who first filed compensation claims may still pursue civil damages once aware of facts constituting gross negligence. Any compensation already received must be deducted from civil awards.

Constitutional Principles and Legislative Interpretation

The Court emphasized social justice mandates o

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