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Floresca vs Philex Mining Corporation

Facts:

Perfecto Floresca et al are the heirs of the deceased employees of Philex Mining Corporation
who, while working at its copper mines underground operations in Tuba, Benguet on June 28,
1967, died as a result of the cave-in that buried them in the tunnels of the mine. Theircomplaint
alleges 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 men working
underground. Floresca et al moved to claim their benefits pursuant to the Workmen’s
Compensation Act before the Workmen’s Compensation Commission. They also filed a separate
civil case against Philex for damages.

Philex sought the dismissal of the civil case as it insisted that Floresca et al have already claimed
benefits under the Workmen’s Compensation Act.

ISSUE: Whether or not Philex is correct.

HELD:

Yes. Under the law, Floresca et al could only do either one. If they filed for benefits under the
WCA then they will be estopped from proceeding with a civil case before the regular courts.
Conversely, if they sued before the civil courts then they would also be estopped from claiming
benefits under the WCA.

HOWEVER, the Supreme Court ruled that 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 they’ll win in the lower court whatever award may be granted, the amount
given to them under the WCA should be deducted. 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. The spirit of the law insures man’s
survival and ennobles him. As Shakespeare said, the letter of the law killeth but its spirit giveth
life.

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