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Ysmael Maritime Corp. vs. Celso Avelino

YSMAEL MARITIME CORPORATION, petitioner, vs. HON. CELSO AVELINO, in his capacity as Presiding Judge of Branch XIII, Court of First Instance of Cebu and SPOUSES FELIX C. LIM and CONSTANCIA GEVEIA, respondents.

G.R. No. L-43674 | 1987-06-30

D E C I S I O N


FERNAN, J.:

This special civil action for certiorari raises the question of whether the compensation remedy under the Workmen's Compensation Act [WCA], and now under the Labor Code, for work-connected death or injuries sustained by an employee, is exclusive of the other remedies available under the Civil Code.

It appears that on December 22, 1971. Rolando G. Lim, single, a licensed second mate, was on board the vessel M/S Rajah, owned by petitioner Ysmael Maritime Corporation, when the same ran aground and sank near Sabtan Island, Batanes, Rolando perished as a result of that incident.

Claiming that Rolando's untimely...