DM Consunji, Inc.

Vs CA Facts: On May 9, 1991, private respondent Maria Juego filed in thePasig Regional Trial Court a complaint for damages against petitioner for the the death of her husband Jose juego. Jose was employed bypetitioner as a construction worker. While working on November 2,1990, Jose fell 14 floors from theRenaissance Tower in Pasig. He died.Maria availed of thedeath benefitsform theState Insurance Fund. Petitioner is claiming that she can no longer recover damages under theCivil Codebecause her prior availment of the benefits form the StateInsurance Fund. The trial court and CA decided in favour of maria. Issue: Whether Marias availment of the death benefits provided under the Labor Code amounts to a waiver of her rights to claim for damagesfrom petition under the Civil Code? Held: No because maria was not only ignorant of the fact but of her rights as well. Marias election of the death benefits does not bar anyaction inconsistent with the elected remedy.For a waiver to become valid, there must be an intentionalrelinquishment of a known right. Where one lacks knowledge of a rights,there is no basis upon which waiver of its can rest. Waiver requires aknowledge of the right waived with an awareness of its consequences.Thus ignorance of material fact negates waiver.