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DM Consunji, Inc. vs. Court of Appeals G.R. No. 137873, 20 April 2001 Facts

1) Jose Juego, a construction worker, fell to his death from a construction site. His widow, Maria Juego, filed a complaint for damages against Jose's employer, DM Consunji, Inc. 2) The employer argued that Maria had waived her right to damages by previously availing benefits from the State Insurance Fund. However, the Court of Appeals found that Maria was ignorant of the facts and her rights at the time, so she could not have validly waived her right to damages. 3) The Court of Appeals affirmed the ruling in favor of Maria Juego, holding that negligence by the employer's employees resulted in Jose's death, and Maria's purported waiver was invalid due to her lack

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37 views1 page

DM Consunji, Inc. vs. Court of Appeals G.R. No. 137873, 20 April 2001 Facts

1) Jose Juego, a construction worker, fell to his death from a construction site. His widow, Maria Juego, filed a complaint for damages against Jose's employer, DM Consunji, Inc. 2) The employer argued that Maria had waived her right to damages by previously availing benefits from the State Insurance Fund. However, the Court of Appeals found that Maria was ignorant of the facts and her rights at the time, so she could not have validly waived her right to damages. 3) The Court of Appeals affirmed the ruling in favor of Maria Juego, holding that negligence by the employer's employees resulted in Jose's death, and Maria's purported waiver was invalid due to her lack

Uploaded by

chelsimaine
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DM Consunji, Inc. vs.

Court of Appeals
G.R. No. 137873, 20 April 2001

FACTS:
On Nov. 2, 1990, Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14
floors from the Renaissance Tower, Pasig City to his death. On May 9, 1991, Jose Juegos
widow, filed in the RTC of Pasig a complainant for damages against the deceaseds
employer, D.M. Consunji, Inc. The employer raised, among other defenses, the widows
prior availment of the benefits from the State Insurance Fund. The RTC rendered a
decision in favor of the widow Maria Juego, ordering the defendant to pay plaintiff. On
appeal by D.M. Consunji, the CA affirmed the decision of the RTC in toto. Hence, this
petition.

ISSUE:
Whether the waiver accomplished by the private respondent, (Maria), is valid?

HELD:
The CA held that: Waiver is the intentional relinquishment of a known right. It
requires knowledge of facts basic to the exercise of the right waived, including its
consequences. Where one lacks knowledge of a right, there is no basis upon which
waiver of it can rest. Ignorance of a material fact negates waiver, and waiver cannot be
established by a consent given under a mistake or misapprehension of fact.
In the present case, the CA further held that private respondent was ignorant of
the facts and her rights and it is wrong for petitioner to burden private respondent with
raising waiver as an issue. Moreover, the negligence of petitioners employees, served as
a basis for nullifying the waiver, wherein private respondent purportedly learned only
after the prosecutor issued a resolution stating that there may be civil liability.

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