Case Digest (G.R. No. 51461)
Case Digest (G.R. No. 51461)
Facts:
Crispin Dasalla, Sr. v. Court of First Instance of Nueva Ecija, Branch IV and Rogelio Sumangil, G.R. No. 51461, April 26, 1991, Supreme Court First Division, Medialdea, J., writing for the Court (Narvasa, Chairman, Cruz, Gancayco, and Grino-Aquino, JJ., concurring).Petitioner Crispin Dasalla, Sr. filed a civil action in the Court of First Instance (now Regional Trial Court), Guimba, Nueva Ecija, seeking damages for the death of his son allegedly caused by a passenger jeepney driven and owned by respondent Rogelio Sumangil. The complaint prayed for P30,000.00 moral damages, exemplary damages (amount left to the court’s discretion), attorneys’ fees of P5,000.00 and costs.
In his answer, Sumangil denied liability and asserted as an affirmative defense that petitioner had already accepted payment and executed a written release — a Sinumpaang Salaysay — condoning and waiving any further claims; Sumangil alleged payment of P6,000.00 with P5,500.00 already received and P500.00 payable later. Before the scheduled hearing, Sumangil moved for a preliminary hearing on the affirmative defense.
At the preliminary hearing held January 26, 1979, the trial court admitted the Sinumpaang Salaysay (an affidavit by petitioner dated June 14, 1976) as Exhibit 1, which recited that petitioner had accepted compensation, waived further civil claims, and had earlier filed an Affidavit of Desistance in the related criminal case. The trial court found Exhibit 1 credible, noted petitioner’s admission to the document’s connection with his son’s death, and dismissed the complaint on the ground that the obligation had been fully paid. Costs were imposed against petitioner.
Petitioner directly appealed the trial court’s order to the Supreme Court. The respondent filed a comment. The sole legal question presented to the Court was whether the Sinumpaang Salaysay was contrary to law, public order, public policy, morals or good customs, or prejudicial to third persons with legal rights.
Issues:
- Is the Sinumpaang Salaysay executed by petitioner, which released respondent from additional civil liability, contrary to law, public order, public policy, morals or good customs, or prejudicial to a third person with a right recognized by law?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)