Case Digest (G.R. No. L-13231)
Facts:
- Alberto Inesin, Eulagio Torneto, and Felix Waga filed an action for certiorari and prohibition against Honorable Mateo Canonoy, District Judge of the Court of First Instance of Zamboanga del Sur, and Vicenta Benodin.
- The case originated from Civil Case No. 194 of the Court of First Instance of Zamboanga del Sur, Pagadian.
- Benodin filed a complaint against Inesin, Torneto, and Waga to recover damages for serious physical injuries she suffered after being thrown out of a tartanilla (horse-drawn carriage) that was struck from behind by a bus owned and operated by Inesin and Torneto, and driven recklessly by Waga.
- The defendants moved to dismiss the complaint, arguing that a final judgment had already been rendered between the same parties for the same cause of action and that Waga had no relation to his co-defendants.
- The court granted the motion and dismissed the action, citing the previous prosecution of the bus driver in the justice of the peace court for negligence.
Issue:
- (Unlock)
Ruling:
- The court denied the petition, upholding the decision of the lower court to set aside the order of dismissal.
- The court ruled that the motion for reconsideration, d...(Unlock)
Ratio:
- The court based its ruling on the fact that the Court of First Instance holds its sessions in Pagadian, Zamboanga del Sur, only once a year on dates fixed by the district judge.
- The court cited Section 161 of the Revised Administrative Code, which was su...continue reading
Case Digest (G.R. No. L-13231)
Facts:
The case involves petitioners Alberto Inesin, Eulogio Torneto, and Felix Waga against respondents Hon. Mateo Canonoy, in his capacity as District Judge of the Court of First Instance of Zamboanga del Sur, and Vicenta Benodin. The events leading to this case began when Vicenta Benodin filed a civil action (Civil Case No. 194) against the petitioners to recover damages for serious physical injuries she sustained after being thrown from a tartanilla, which was struck from behind by a bus owned and operated by Inesin and Torneto, and driven recklessly by Waga. The incident occurred in Pagadian, Zamboanga del Sur.
Upon receiving the summons, the petitioners' counsel filed a motion to dismiss the complaint, arguing that a final judgment had already been rendered between the same parties for the same cause of action, and that Waga had no relation to the other defendants. The motion was scheduled for a hearing on September 27, 1955, and the court subsequently granted the motion, dismissing the action on the grounds that the bus driver had been previously prosecuted for negligence in the justice of the peace court and found guilty, with no reservation made by Benodin to institute an independent civil action.
The petitioners received the order of dismissal on October 7, 1955, and on October 31, they filed a motion for reconsideration. However, this motion did not specify a hearing date. On December 6, 1956, a notice was presented to set the motion...