PERFECTO S. FLORESCA et al vs.

PHILEX MINING CORPORATION et al

G.R. No. L-30642
April 30, 1985
FACTS: Floresca and his heirs are the deceased employees of Philex Mining Corp. who at that time
working at its copper mines underground operation at Tuba Benguet on June 28 19, died as a result of
cave-in that buried them in tunnels of the mine. The petitioners claim that Philex, in violation of
government rules and regulations, negligently and deliberately failed to take the required precautions
for the protection of the lives of its workers specialy those working underground. The petitioners
moved to claim their benefits pursuant to the Workers Compensation Act and petitioned before
regular courts and sue Philex for additional damages. Philex, in return, invoked that the can longer be
sued due to the benefits they have already claimed under the Workers Compensation Act.
ISSUE: Whether or not Floresca et al can claim benefits under the Workers Compensation Act and
suing in regular courts under the civil code for higher damage.
HELD: No. under the law, floresca and his heirs could only do either one. In case they filed for benefits
under the Workers Compensation Act, they can no longer proceed with a civil case before any regular
courts. Also, if they filed a civil case under regular courts, they will be stopped from claiming benefits
from Workers Compensation Act. However, the Supreme Court ruled that the petitioners are excused
from this deficiency due to ignorance of the fact. In case they have been aware of this ruling, they may
have not avail of such a remedy. In any case theyll win in the lower court, whatever award may be
granted, whatever amount given to them will be deducted under the Workers Compensation Act.