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    LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA

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    Ethan Zachary
    The document summarizes two civil court cases in the Philippines: 1) Lorenzo M. Tañada vs. Hon. Juan C. Tuvera affirmed that all laws, including those of local application, must be published in the official gazette as a condition for their effectivity unless specified otherwise. Publication must also be in full. 2) D.M. Consunji vs. Court of Appeals affirmed the decision that the employer, D.M. Consunji, Inc., was negligent and liable for damages after a construction worker fell to his death on the job. While workmen's compensation claims normally exclude further liability claims, an exception was made as the widow was previously unaware of the employer

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    LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA

    Uploaded by

    Ethan Zachary
    289 views2 pages
    The document summarizes two civil court cases in the Philippines: 1) Lorenzo M. Tañada vs. Hon. Juan C. Tuvera affirmed that all laws, including those of local application, must be published in the official gazette as a condition for their effectivity unless specified otherwise. Publication must also be in full. 2) D.M. Consunji vs. Court of Appeals affirmed the decision that the employer, D.M. Consunji, Inc., was negligent and liable for damages after a construction worker fell to his death on the job. While workmen's compensation claims normally exclude further liability claims, an exception was made as the widow was previously unaware of the employer

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    LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA

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    LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA

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    The document summarizes two civil court cases in the Philippines: 1) Lorenzo M. Tañada vs. Hon. Juan C. Tuvera affirmed that all laws, including those of local application, must be published in the official gazette as a condition for their effectivity unless specified otherwise. Publication must also be in full. 2) D.M. Consunji vs. Court of Appeals affirmed the decision that the employer, D.M. Consunji, Inc., was negligent and liable for damages after a construction worker fell to his death on the job. While workmen's compensation claims normally exclude further liability claims, an exception was made as the widow was previously unaware of the employer

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    289 views2 pages

    LORENZO M. TAÑADA vs. HON. JUAN C. TUVERA

    Uploaded by

    Ethan Zachary
    The document summarizes two civil court cases in the Philippines: 1) Lorenzo M. Tañada vs. Hon. Juan C. Tuvera affirmed that all laws, including those of local application, must be published in the official gazette as a condition for their effectivity unless specified otherwise. Publication must also be in full. 2) D.M. Consunji vs. Court of Appeals affirmed the decision that the employer, D.M. Consunji, Inc., was negligent and liable for damages after a construction worker fell to his death on the job. While workmen's compensation claims normally exclude further liability claims, an exception was made as the widow was previously unaware of the employer

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    Civil Code Digested Cases LORENZO M. TAADA vs. HON. JUAN C.

    TUVERA 146 SCRA 446 April 24, 1985

    Facts: Petitioners Lorenzo M. Tanada, et. al. invoked due process in demanding the disclosure of a number of Presidential Decrees which they claimed had not been published as required by Law. The government argued that while publication was necessary as a rule, it was not so when it was otherwise provided, as when the decrees themselves declared that they were to become effective immediately upon approval. The court decided on April 24, 1985 in affirming the necessity for publication of some of the decrees. The court ordered the respondents to publish in the official gazette all unpublished Presidential Issuances which are of general force and effect. The petitioners suggest that there should be no distinction between laws of general applicability and those which are not. The publication means complete publication, and that publication must be made in the official gazette. In a comment required by the solicitor general, he claimed first that the motion was a request for an advisory opinion and therefore be dismissed. And on the clause unless otherwise provided in Article 2 of the new civil code meant that the publication required therein was not always imperative, that the publication when necessary, did not have to be made in the official gazette.

    Issues: (1) (2) Whether or not all laws shall be published in the official gazette Whether or not publication in the official gazette must be in full

    Held:

    (1) The court held that all statue including those of local application shall be published as condition for their effectivity unless a different effectivity date is fixed by the legislature. (2) The publication must be full or no publication at all since its purpose is to inform the public of the content of the laws.

    D.M. CONSUNJI vs. COURT OF APPEALS GR No. 137873 April 20, 2001

    FACTS: On November 2, 1990, Jose Juego, a construction worker of D.M. Consunji, Inc., fell 14 floors from the Renaissance Tower, Pasig City to his death. On May 9, 1991, Jose Juegos widow, filed in the RTC of Pasig a complaint for damages against the deceaseds employer, D.M. Consunji, Inc. The employer raised, among other defenses, the widows prior availment of the benefits from the State Insurance Fund. The RTC rendered a decision in favor of the widow Maria Juego, ordering the defendant to pay plaintiff. On appeal by D.M. Consunji, the CA affirmed the decision of the RTC in toto. Hence, this petition.

    Issue: Whether or not the petitioner (Consunji) is negligent and should be liable.

    Held: The decision of the CA is affirmed. The claims for damages sustained by workers in the course of their employment could be filed only under the Workmens Compensation Law, to the exclusion of all further claims under other laws. The CA held that the case at bar came under exception because private respondent was unaware of petitioners negligence when she filed her claim for death benefits from the State Insurance Fund.

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