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
Case Digest (G.R. No. 143440)
Facts:
The case involves petitioners Serena T. Bacelonia, Graciano Bacelonia, Sr., and Graciano T. Bacelonia, Jr., who are owners and operators of a school shuttle service, and respondents Victorino S. Bolos, Jr. and Olivia P. Bolos, who filed a complaint for damages against the petitioners and two other individuals, Simeon Roxas-Cu and Daniel CariAo. The complaint was filed on January 12, 1998, in the Regional Trial Court of Quezon City, under Civil Case No. Q-98-33149, stemming from a vehicular accident that occurred on February 3, 1993. The accident involved a tamaraw-type school shuttle and a 6 x 6 Isuzu cargo truck, resulting in the death of the Bolos' daughter, Jemelee Bolos, who was a passenger in the shuttle.
Prior to the Bolos' complaint, the petitioners had filed their own complaint for damages against their co-defendants on March 1, 1995, which was docketed as Civil Case No. Q-95-23169. This earlier case was resolved through a compromise agreement on April 27, 1995, leading to its dismissal the following day. On September 24, 1999, the petitioners sought to be dropped as defendants in the Bolos' case, arguing that the compromise agreement indicated their co-defendants had admitted sole responsibility for the accident. However, the co-defendants opposed this motion, asserting that res judicata did not apply and that they had not admitted liability.
The trial court denied the petitioners' motion on January 10, 2000, prompting them to file a motion for reconsideration on January 31, 2000, whic...