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Marcopper Mining Corp. vs. Jesus Abeleda

MARCOPPER MINING CORPORATION, petitioner, vs. HON. JESUS V. ABELEDA, Presiding Judge, Court of First Instance of Marinduque, EUFROCINO IGNACIO, URSULA MINAY and JUANITA ALMARIO VDA. DE IGNACIO, as guardian ad litem of the minor, ALANIE IGNACIO, respondents.

G.R. No. L-33851 | 1988-08-15

D E C I S I O N


CRUZ, J.:

Several issues have been raised in this petition for certiorari and prohibition with preliminary injunction but we need to resolve only one of them. This is the basic question of whether a widow already fully compensated under the Workmen's Compensation Law for the death of her husband may still file a separate action for damages arising from the same death under the Civil Code.

The employee in this case was Alfonso Ignacio, who was killed in an accident on October 9, 1970, while working in the petitioner's plant. His widow, Juanita A. Ignacio, one of the private respondents herein, thereafter claimed and was...