“Stated differently, save for the recognized exception, an employee cannot
pursue both remedies simultaneously but has the option to proceed by
interposing one remedy and waiving his right over the other. As we have
explained in Floresca, this doctrinal rule is rooted on the theory that the basis
of the compensation under the Workmen’s Compensation Act is separate and
distinct from the award of damages under the Civil Code, thus:
“The rationale in awarding compensation under the Workmen’s Compensation
Act differs from that in giving damages under the Civil Code. The
compensation acts are based on a theory of compensation distinct from the
existing theories of damages, payments under the acts being made as
compensation and not as damages (99 C.J.S. 53).
“Compensation is given to mitigate harshness and insecurity of industrial life
for the workman and his family. Hence, an employer is liable whether
negligence exists or not since liability is created by law. Recovery under the
Act is not based on any theory of actionable wrong on the part of the employer
(99 D.J.S. 36).
“In other words, under compensation acts, the employer is liable to pay
compensation benefits for loss of income, as long as the death, sickness or
injury is work-connected or work-aggravated, even if the death or injury is not
due to the fault of the employer (Murillo v. Mendoza, 66 Phil. 689). On the
other hand, damages are awarded to one as a vindication of the wrongful
invasion of his rights. It is the indemnity recoverable by a person who has
sustained injury either in his person, property or relative rights, through the act
or default of another (25 C.J.S. 452).”
“The principle underscored in the case of Floresca was further affirmed in the
later case of Ysmael Maritime Corporation v. Avelino, wherein we emphasized
that once the claimant had already exercised his choice to pursue his right
under one remedy, he is barred from proceeding with an alternative remedy.
As eloquently laid down by Chief Justice Marcelo Fernan:
“It is therefore clear that respondents had not only opted to recover under the
Act but they had also been duly paid. At the very least, a sense of fair play
would demand that if a person entitled to a choice of remedies made a first
election and accepted the benefits thereof, he should no longer be allowed to
exercise the second option. ‘Having staked his fortunes on a particular
remedy, (he) is precluded from pursuing the alternate course, at least until the
prior claim is rejected by the Compensation Commission.’
“In the case at bar, Florentina was forced to institute a civil suit for indemnity
under the New Civil Code, after Candano Shipping refused to compensate her
husband’s death.
56
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