Скачать или смотреть Choice of Remedy: Civil Code vs. Labor Code | Oceanmarine Resources Corp. v. Nedic (GR 236263)

"SC Rules: Heirs May Choose Remedy in Death Claims"
Here, the Court held that heirs of a slain truck driver can pursue damages under the Civil Code instead of being confined to Labor Code compensation. The decision reshapes how wrongful death claims are handled in employment-related cases.
(Oceanmarine Resources Corp. v. Nedic, G.R. No. 236263, July 19, 2022, Zalameda, J.)

📚 Doctrines
• Doctrine of Alternative Remedies: Heirs may elect between Labor Code compensation and Civil Code damages.
• Supersession Principle: Labor Code provisions generally prevail, but Civil Code remedies survive as an option.
• Employer Accountability: Liability persists unless death was due to employee’s own negligence or excluded causes.

🧠 Bar Tips
• Always cite Oceanmarine when asked about remedies for workplace deaths.
• Distinguish between compensation (Labor Code) and damages (Civil Code).
• Remember prosecutorial parallels: Just as plea bargaining requires consent (Montierro), remedies require choice.
• Spot exam traps: Questions may ask if Civil Code Art. 1711 is repealed answer: superseded but not extinguished.

🧩 Mnemonic: “CHOICE”
• C – Civil Code damages remain available
• H – Heirs decide the remedy
• O – Option between Labor Code or Civil Code
• I – Injury or death in employment triggers liability
• C – Compensation schedules under Labor Code are limited
• E – Expanded damages possible under Civil Code

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