Natural Law I Case

Presentation

Maghopoy
Quiampang

Perfecto Floresca et al.

vs.
Phelix Mining Corp
G.R. No. L-30642 (April 30, 1985)

Facts:
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.

Summary of Casualties
48 mine workers
5 escaped
22 were rescued within the next 7 days
21 were not rescued (abandoned) wherein
most of them were still alive at the time of
abandonment.
Note: 6 petitioners

Facts:
The heirs of the deceased claimed their
benefits pursuant to the Workmens
Compensation Act before the Workmens
Compensation Commission

Facts:
Workman Compensations Act:
(Sections 8, 12, and 13)
In case of death: compensation of six thousand
(P6,000.00) pesos plus burial expenses of two hundred
(P200.00) pesos, and medical expenses when incurred.
(Section 4-A)
an additional compensation of 50% if the complaint alleges
failure on the part of the employer to "install and maintain
safety appliances or to take other precautions for the
prevention of accident or occupational disease"

Facts:
In addition to claiming the said benefits, the
heirs filed a civil case seeking for additional
damages (P 825,000 total), pointing out in
the complaint gross and brazen negligence
on the part of Philex in failing to take
necessary security for the protection of the
lives of its employees working underground.

Summary of Legal Battle

In response, Philex filed a motion to dismiss
citing that:
The causes of action based on an industrial
accident are covered by the WCA (Sec 5)
The former Court of First Instance (Now
RTC) has no jurisdiction over the case
(should be WCC) (Sec 46)

Summary of Legal Battle

SEC. 5. Exclusive right to compensation.The rights and
remedies granted by this Act to an employee by reason of
a personal injury entitling him to compensation shall
exclude all other rights and remedies accruing to the
employee, his personal representatives, dependents or
nearest of kin against the employer under the Civil Code
and other laws because of said injury ...
SEC. 46. Jurisdiction. The Workmen's Compensation
Commissioner shall have exclusive jurisdiction to hear and
decide claims for compensation under the Workmen's
Compensation Act, subject to appeal
to the Supreme Court

Summary of Legal Battle

Petitioners subsequently filed an opposition
claiming that:
The causes of action are not based on the
WCA but the Civil Code

Summary of Legal Battle

Civil Code:
Art. 2176. Whoever by act or omission causes damage to
another, there being fault or negligence, is obliged to pay
for the damage done. Such fault or negligence, if there is
no pre- existing contractual relation between the parties, is
called a quasi-delict and is governed by the provisions of
this Chapter.

(other similar articles were cited)

Summary of Legal Battle

The Judge dismissed the petitioners case
for lack of jurisdiction. In accordance with
the established jurisprudence, the WCC has
exclusive original jurisdiction over damage
or compensation claims for work-connected
deaths or injuries employees, negligence
involved or not.

Summary of Legal Battle

Hence, petitioners raised the issue to the
Supreme Court. Where the said court
strayed away from the strict letter of the law
to give way to the application of natural law.

Issue Recap
First Issue: WoN the WCC has exclusive
jurisdiction over the case
Second Issue: WoN the petitioners can sue
even after claiming benefits under the WCA

Supreme Court Ruling on First

Issue
YES. The Court of First Instance has jurisdiction to try the
case.
Rationale:
Complaint is not for compensation but for damages (actual,
exemplary, and moral). Under the WCA, there are no
provisions stating these damages.
Difference:
Compensation is given to mitigate the harshness and
insecurity of industrial life.
Damages are awarded to one as a vindication of the
wrongful invasion of his rights.

Supreme Court Ruling on

Second Issue
NO. The petitioners should only claim benefits from either the
WCA or an award from the civil case
HOWEVER, Floresca et al are excused from this deficiency due
to ignorance of the fact.
Had they been aware of such then they may have not availed of
such a remedy. But, if in case theyll win in the lower court
whatever award may be granted, the amount given to them
under the WCA should be deducted
ACTUAL AWARD= CIVIL CASE AWARD-WCA
COMPENSATION

Supreme Court Ruling on

Second Issue
The SC emphasized that if they would go
strictly by the book in this case, then the
purpose of the law may be defeated.
Idolatrous reverence for the letter of the
law sacrifices the human being.

HUMAN DIGNITY
The spirit of the law insures mans
survival and ennobles him.
The letter of the law killeth but its
spirit giveth life.

Use of Natural Law

Use of Natural Law

Dissenting opinion of Justice Gutierrez
stated that the court is unjustifiably
legislating because the lawmakers clearly
intended that no civil suit should prosper
after claiming benefits under the WCA.

Use of Natural Law

However, another Justice countered that the SC is
not legislating in this case. It is merely giving effect
to the SOCIAL JUSTICE guarantees of the
Constitution, as implemented by the New Civil
Code

Use of Natural Law

Art 8.
Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the
legal system of the Philippines.
It is not an exercise of the power of law-making but
merely obedience to the fundamental law of the
land.
Note: the Constitution is above any statute

Use of Natural Law

Another Justice had a different concurring opinion:
Courts being unable to legislate is a myth.
Art 9. of the New Civil Code:
"No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of the laws.

Use of Natural Law

The mind of the legislator, like all human beings, is
finite and therefore cannot envisage all possible
cases to which the law may apply nor has the
human mind the infinite capacity to anticipate all
situations. Hence, there is a necessity for the
courts to fill in the gaps.

END