Floresca vs Philex Mining Corp.

case
G.R. No. 30642 April 30, 1985
Perfecto Floresca, petitioner
Versus
Philex Mining Corporation, respondent

Fact:

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. Allegedly, Philex was in violation of government rules and regulations for negligently and
deliberately failing to take the required precautions for the protection of the lives of its men
working underground. The heirs of the deceased claimed their benefits pursuant to the
Workmen’s Compensation Act before the Workmen’s Compensation Commission. They also
petitioned to the regular court and sued the said company for additional damages. 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 Floresca et al can claim benefits and at the same time sue Philex?

Held:

Under the law, petitioner could only do either one. If they filed for benefits under the WCA before
the WCC, then they will be prohibited from proceeding with a civil case before the regular court.
On the contrary, if they sued before the civil court (Article 9 of the civil code) then they would
also be prohibited from claiming benefits under the WCA. The SC ruled that Floresca et al are
excused from this deficiency due to ignorance of the fact. The court also ruled that the dismissal
of the case in the lower court be reversed and case is remanded for further proceedings.
However, if in case the petitioner won in the lower court, whatever award may be granted, the
amount given to them under the WCA should be deducted.