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I. Facts
Jose Juego was a construction worker under the employment of herein petitioner DMCI. On November 2, 1990, he
was working inside an elevator shaft 14 floors up, aboard a platform suspended by cable wires to a chain block.
Suddenly, the bolt connecting the platform to the chain block got loose, causing the platform to crash. Juego died
because of the incident.
His wife Maria Juego now claims damages against DMCI on the basis of negligence1. The latter, however, maintains
that since she has already availed of the death benefits from the Employees’ Compensation Commission (ECC) under
the Labor Code, she is now precluded from claiming further damages covered by the Civil Code.
1
The rule of res ipsa loquitur (“the thing speaks for itself) is applied where evidence is absent or not readily available. Its requisites are
(1) the accident does not ordinarily occur unless someone is negligent, (2) the instrumentality or agency which caused the injury was
under the exclusive control of the person charged with negligence, and (3) injury suffered was not a result of any voluntary action or
contribution on the part of the injured person. With all three present, it is reasonably presumed that DMCI is guilty of negligence.