In D.M. Consunji, Inc. v. Court of Appeals, the Supreme Court addressed the application of res ipsa loquitur in a case involving a construction worker’s death. The Court ruled that the doctrine applies when an accident doesn’t typically occur without negligence, the instrumentality causing the injury is under the defendant’s exclusive control, and the injured party didn’t contribute to the accident. This ruling clarifies when negligence can be presumed based on the circumstances of an accident, shifting the burden of proof to the defendant.

When a Falling Platform Speaks: Applying Negligence in Construction Site Accidents

This case revolves around the tragic death of Jose Juego, a construction worker employed by D.M. Consunji, Inc. On November 2, 1990, Juego fell 14 floors from the Renaissance Tower in Pasig City while working on a platform. His widow, Maria Juego, subsequently filed a complaint for damages against D.M. Consunji, Inc., alleging negligence. The central legal question is whether the doctrine of res ipsa loquitur applies to establish negligence on the part of the construction company, considering the circumstances surrounding Juego’s death.

The initial investigation was conducted by PO3 Rogelio Villanueva, whose report detailed the incident. According to the report, the platform Juego was working on fell due to the loosening of a bolt connecting the chain block and the platform, lacking a safety lock. The police report stated:

x x x.  It is thus manifest that Jose A. Juego was crushed to death when the [p]latform he was then on board and performing work, fell.  And the falling of the [p]latform was due to the removal or getting loose of the pin which was merely inserted to the connecting points of the chain block and [p]latform but without a safety lock.

D.M. Consunji, Inc. argued that the police report was inadmissible as evidence of negligence, claiming it was hearsay. The Court of Appeals (CA), however, held that the report was admissible as an entry in official records, an exception to the hearsay rule. The Supreme Court clarified that while the police report itself might not be admissible to prove the truth of its contents, PO3 Villanueva’s testimony, based on his personal knowledge and observations, was admissible.

The admissibility of the police report hinges on the rules of evidence. The Rules of Court stipulate that a witness can only testify about facts derived from personal knowledge. Hearsay evidence, which includes statements learned from others, is generally inadmissible. However, an exception exists for entries in official records, as outlined in Section 44, Rule 130 of the Rules of Court:

Entries in official records made in the performance of his duty made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law are prima facie evidence of the facts therein stated.

The Supreme Court, referencing Africa, et al. vs. Caltex (Phil.), Inc., et al., outlined the requisites for the admissibility of entries in official records: (a) the entry was made by a public officer or someone legally bound to do so; (b) it was made in the performance of their duties; and (c) the officer or person had sufficient knowledge of the facts stated. This means that for the police report to be fully admissible, the officer must have had personal knowledge of the incident or obtained information through official channels.

Building on this, the Supreme Court then considered the application of res ipsa loquitur. This doctrine, meaning “the thing speaks for itself,” allows for a presumption of negligence when an accident occurs under circumstances that suggest negligence. The CA had determined that all the requisites of res ipsa loquitur were present in Juego’s death. These include that the accident was of a kind that doesn’t ordinarily occur unless someone is negligent, the instrumentality causing the injury was under the exclusive control of the defendant, and the injury wasn’t due to any voluntary action by the injured party.

However, D.M. Consunji, Inc. contended that it had exercised due care, thus negating the presumption of negligence. The Supreme Court clarified that once the plaintiff establishes the requisites for res ipsa loquitur, the burden shifts to the defendant to explain. The defendant’s evidence of due care comes into play after the circumstances for the application of the doctrine have been established, meaning the company must actively demonstrate that they took reasonable precautions.

Moreover, the Court then addressed the issue of Maria Juego’s prior availment of death benefits under the Labor Code. Article 173 of the Labor Code stipulates that the liability of the State Insurance Fund is exclusive and in place of all other liabilities of the employer. However, the Supreme Court, referencing Floresca vs. Philex Mining Corporation, reiterated that claimants may have a choice of remedies, either under the Labor Code or the Civil Code.

This choice is not absolute. In the case of Floresca, the Supreme Court acknowledged that an injured employee or their heirs can choose between recovering fixed amounts under the Workmen’s Compensation Act or suing for higher damages in regular courts under the Civil Code, but they cannot pursue both simultaneously. An exception exists, though, when the claimant wasn’t aware of the employer’s negligence when they initially claimed benefits under the Labor Code. In such cases, the claimant isn’t precluded from pursuing a separate action under the Civil Code.

The Supreme Court emphasized that waiver requires the intentional relinquishment of a known right. For a waiver to be valid, the person waiving the right must have knowledge of its existence and adequate information to make an intelligent decision. In the context of Floresca, lack of knowledge of the employer’s negligence nullifies the election of a remedy. Thus, the Court had to assess whether Maria Juego knew of the facts leading to her husband’s death and the rights pertaining to a choice of remedies.

Ultimately, the Supreme Court held that Maria Juego’s prior availment of death benefits didn’t preclude her from claiming damages under the Civil Code because she was unaware of D.M. Consunji, Inc.’s negligence when she filed her claim for death benefits. She filed the civil complaint after receiving the police investigation report and the Prosecutor’s Memorandum, which indicated potential civil liability.

FAQs

What is the doctrine of ‘res ipsa loquitur’?	‘Res ipsa loquitur’ means “the thing speaks for itself.” It’s a rule of evidence that allows negligence to be presumed if an accident wouldn’t ordinarily occur without negligence, the instrumentality was under the defendant’s control, and the injury wasn’t due to the plaintiff’s actions.
What must a plaintiff prove to invoke ‘res ipsa loquitur’?	The plaintiff must show that the accident was of a kind that doesn’t ordinarily occur without negligence, the instrumentality causing the injury was under the defendant’s exclusive control, and the injury suffered was not due to any voluntary action or contribution on the part of the injured person.
What happens when ‘res ipsa loquitur’ applies?	When the doctrine applies, it creates a presumption or inference of negligence against the defendant. The burden then shifts to the defendant to present evidence to rebut this presumption.
Can a police report be used as evidence?	A police report can be admitted as evidence, but not necessarily to prove the truth of the statements contained within it. It can be admissible as part of the testimony of the officer who prepared the report, based on their personal knowledge.
What is the hearsay rule?	The hearsay rule prohibits the admission of out-of-court statements offered to prove the truth of the matter asserted. The primary reason for this rule is the lack of opportunity for cross-examination.
What is ‘waiver by election of remedies’?	‘Waiver by election of remedies’ means that when a party chooses between two inconsistent legal remedies, that choice acts as a bar, preventing them from pursuing the other remedy. This prevents double recovery for a single wrong.
What is required for a valid waiver?	For a waiver to be valid, it must be made knowingly and intelligently. This means the person waiving the right must have knowledge of the right’s existence and sufficient information to make an intelligent decision.
What impact did the Floresca case have on the election of remedies?	The Floresca case established that claimants may invoke either the Workmen’s Compensation Act (now the Labor Code) or the provisions of the Civil Code, but the choice of one remedy will exclude the other. An exception exists if the claimant was unaware of the employer’s negligence when opting for the first remedy.

The Supreme Court’s decision in D.M. Consunji, Inc. v. Court of Appeals provides important guidance on the application of res ipsa loquitur and the election of remedies in Philippine law. This case clarifies the circumstances under which negligence can be presumed and the rights of claimants who may initially pursue benefits under the Labor Code without full knowledge of their legal options.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: D.M. Consunji, Inc. vs. Court of Appeals, G.R. No. 137873, April 20, 2001