Ocean Builders Construction v. Cubacub

Ocean Builders Construction v. Cubacub (2011) / Carpio-Morales

Facts

B. Cubacub was employed as OBC's maintenance man. B had chicken pox and was adviced by GM Hao to rest for 3 days at the OBC's barracks. 3 days later, he did his usual chores, and asked Silangga to accompany him to his house so he can rest. Hao gave B 1k and ordered Silangga to bring B to the hospital. Silangga + 2 others brought B to the Caybiga Hospital. B was confined, and the following day, the hospital called for B's parents (+ Dr. Frias) and transferred B to the QCGH where he was placed in the ICU and died the ff day. QCGH's death cert: immediate cause of death is cardio-respiratory arrest; antecedent cause is pneumonia. Dr. Frias' causes: cardiac arrest, multiple organ system failure, septicemia, chicken pox.

          The Cubacubs filed a complaint for damages against OBC, alleging that GM Hao was guilty of negligence, leading to B's death. RTC dismissed the complaint, saying that Hao was not under any obligation to bring B to better hospitals. The CA reversed this, saying that Hao violated LC 161. OBC's MfR was denied.

Issue and Holding

WON Hao was negligent. NO

1. The present case is one for damages based on torts (employer-employee reln incidental)
   1. Three elements
      1. Duty
      2. Breach
      3. Injury and proximate causation
   2. Provision concerned: LC 161: duty of petitioner to provide adequate medical assistance to employees in case of emergency
      1. no allegation that company is hazardous; no allegation on the # of employees in OBC - if more than 50, it needs to have a nurse, et al. (accdg to Hao, 7 regular + 20 contractual employees only)
      2. accdg to RTC, what Hao did / advised constituted adequate and immediate medical assistance; Hao does not appear to have a medical background so he may not be expected to have known that B needs to be in a better hospital
      3. Hao's alleged negligence cannot be considered as the proximate cause
         1. PROXIMATE CAUSE - that which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces injury & w/o w/c, the result would not have occurred; direct result or a reasonably probable consequence of the act or omission
      4. Not in the records: B contracting chicken pox from a co-worker; Hao negligent in not bringing said co-worker to a doctor / isolation area