Title
Bacelonia vs. Court of Appeals
Case
G.R. No. 143440
Decision Date
Feb 11, 2003
The Bacelonias' failure to comply with mandatory court rules led to the dismissal of their certiorari petition by the Court of Appeals.
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Case Digest (G.R. No. 143440)

Facts:

  • Petitioners: Serena T. Bacelonia, Graciano Bacelonia, Sr., and Graciano T. Bacelonia, Jr., owners of a school shuttle service.
  • Respondents: Victorino S. Bolos, Jr. and Olivia P. Bolos, who filed a complaint for damages.
  • Complaint filed on January 12, 1998, in Quezon City Regional Trial Court (Civil Case No. Q-98-33149).
  • Incident: A vehicular accident on February 3, 1993, involving a school shuttle and a 6 x 6 Isuzu cargo truck.
  • Result: Death of Jemelee Bolos, daughter of the respondents, who was a passenger in the shuttle.
  • Prior to the Bolos' complaint, petitioners filed their own complaint against co-defendants on March 1, 1995 (Civil Case No. Q-95-23169).
  • The earlier case was resolved through a compromise agreement on April 27, 1995, leading to its dismissal.
  • On September 24, 1999, petitioners sought to be dropped as defendants, citing the compromise agreement.
  • Co-defendants opposed the motion, claiming res judicata did not apply and denying liability.
  • Trial court denied the petitioners' motion on January 10, 2000.
  • Petitioners filed a motion for reconsideration on January 31, 2000, set for hearing on February 15, 2000.
  • They also sought to cancel a scheduled hearing for evidence presentation on February 3, 2000.
  • Both motions were denied by the trial court on February 3, 2000.
  • Petitioners elevated the matter to the Court of Appeals, which dismissed their petition on March 6, 2000, for being premature and lacking merit.
  • A motion for reconsideration was denied on May 19, 2000.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court denied the petition for review on certiorari.
  • The Court affirmed the Court of Appeals' dismissal of the petition in CA-G.R. SP No. 57455.
  • The trial court did not ...(Unlock)

Ratio:

  • The petitioners' motion for reconsideration was filed beyond the ten-day period required by Rule 15, Section 5 of the Revised Rules of Court.
  • The scheduled hearing for February 15, 2000, was...continue reading

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