Case Digest (G.R. No. L-31683)
Facts:
In Hermana R. Cerezo v. David Tuazon, G.R. No. 141538, decided on March 23, 2004 under the 1987 Constitution, Hermana R. Cerezo (petitioner) was sued by David Tuazon (respondent) for damages arising from a motor vehicle accident on June 26, 1993 in Sta. Ines, Mabalacat, Pampanga, when a Country Bus Lines bus driven by Danilo A. Foronda struck Tuazon’s tricycle. On October 1, 1993, Tuazon filed Civil Case No. 7415 before the Regional Trial Court of Angeles City, Branch 56, naming Mrs. Cerezo as owner of the bus line, her husband Atty. Juan Cerezo, and Foronda as defendants. Initial summons to the Cerezos in Makati failed; alias summons served on April 20, 1994 at Atty. Cerezo’s Tarlac office. The Cerezo spouses actively participated in preliminary hearings but did not file an answer, prompting their declaration in default on February 6, 1995. After presentation of evidence, on May 30, 1995 the trial court held Mrs. Cerezo solely liable under Article 2180 of the Civil Code for actCase Digest (G.R. No. L-31683)
Facts:
- Accident and complaint
- June 26, 1993: Country Bus (plate NYA 241) collided with Tuazon’s tricycle (plate TC RV 126) in Pampanga; Tuazon suffered serious injuries and disability.
- October 1, 1993: Tuazon filed Civil Case No. 7415 for damages against Hermana R. Cerezo (bus owner), Juan Cerezo (spouse), and driver Danilo A. Foronda.
- Summons and participation
- Initial summons to the Cerezo spouses at Makati unserved; alias summons served at Tarlac on April 20, 1994; counsel’s angry reaction recorded.
- The Cerezo spouses and their counsel filed comments, motion for bill of particulars, and appeared in hearings.
- Default and trial court proceedings
- August 30, 1994: Trial court granted Tuazon’s pauper status; denied new‐summons motion; directed resolution of bill of particulars.
- November 14, 1994: Spouses failed to file answer; January 27, 1995: default; February 6, 1995: default confirmed; Tuazon presented evidence.
- Decision and damages
- May 30, 1995: Trial court held Mrs. Cerezo liable under Article 2180 (employer’s liability for employee negligence); did not rule on Foronda for want of summons.
- Awarded P69,485.35 (medical), P39,921.00 (tricycle repair), P43,300.00 (loss of earnings), P20,000.00 (moral damages), plus costs.
- Post-judgment motions and appeals
- July 10, 1995: Petition for relief from judgment (Rule 38) filed; denied March 4, 1998; certiorari (Rule 65) and SC Rule 45 petition also denied.
- July 6, 1999: Rule 47 annulment petition filed; denied by CA on October 21, 1999; motion for reconsideration denied January 20, 2000.
Issues:
- Jurisdiction and due process
- Whether the trial court lacked jurisdiction for not summoning driver Foronda, an alleged indispensable party.
- Whether absence of service on Foronda voids findings used to hold Mrs. Cerezo liable.
- Procedural grounds and remedy
- Whether the CA erred in treating the petition as based on extrinsic fraud rather than lack of jurisdiction.
- Whether Mrs. Cerezo waived jurisdictional defects by voluntary appearance and reliance on settlement.
- Whether failure to reserve the right to sue in the criminal case affects civil jurisdiction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)