Municipality of San Fernando, La Union vs. Firme

Facts:

Petitioner Municipality of San Fernando, La Union (the municipality) sought certiorari with a prayer for a writ of preliminary mandatory injunction to nullify or modify several orders and a decision of respondent Judge Romeo N. Firme, presiding judge of the Court of First Instance (CFI) of La Union, Branch IV, in Civil Case No. 107-Bg (originally filed as Civil Case No. 2183), brought by private respondents Juana Rimando‑Banina, Laureano Banina Jr., Sor Marietta Banina, Montano Banina, Orja Banina and Lydia R. Banina as heirs/plaintiffs.

The underlying facts began with a fatal collision on December 16, 1965 involving a passenger jeepney (owned by the Estate of Macario Nieveras and driven by Bernardo Balagot), a gravel-and-sand truck (driven by Jose Manandeg, owned by Tanquilino Velasquez), and a dump truck of the Municipality (driven by Alfredo Bislig). Several jeepney passengers, including Laureano Banina Sr., died. On December 11, 1966 the heirs filed a complaint for damages against the jeepney’s owner and driver in the CFI of La Union, Branch I (Civil Case No. 2183); those defendants filed a third‑party complaint impleading the municipality and its driver. The case was later transferred to Branch IV and docketed as Civil Case No. 107‑Bg.

By court order dated May 7, 1975 the complaint was amended to implead the municipality and its employee Bislig as defendants; the municipality answered and raised, among other defenses, lack of cause of action, non‑suability of the State (i.e., sovereign immunity), prescription and plaintiff/other‑defendants’ negligence as proximate cause. During pretrial and trial the respondent judge issued a sequence of orders now challenged by the municipality: dismissal of a cross‑claim (Nov. 4, 1975); admitting the municipality’s amended answer but setting hearing on affirmative defenses limited to jurisdictional questions (July 13, 1976); deferring resolution of grounds for a motion to dismiss until trial (Aug. 23, 1976); denying a timely motion for reconsideration as filed out of time (Feb. & Mar. 1977); declaring the case submitted for decision for lack of memoranda (July 26, 1979); and denying a motion to recall witnesses (Sept. 7, 1979).

On October 10, 1979 the trial court rendered judgment for plaintiffs, ordering the municipality and Bislig jointly and severally to pay funeral expenses, lost earnings, moral damages and attorneys’ fees, and dismissing the complaint as to the jeepney owner and driver. The municipality’s motions for reconsideration were denied as filed out of time (order Nov. 7, 1979). An order dated December 3, 1979 advised that if the defendants wished to pursue matters disposed in the July 26, 1979 order they should elevate...(Pro-only)

Issues:

• Did the respondent judge commit grave abuse of discretion amounting to lack or excess of jurisdiction by deferring and then failing to resolve the defense of non‑suability of the State (i.e., the municipality) before proceeding to trial and rendering judgment?
• If the court erred procedurally, is the Municipality of San Fernando nevertheless liable for the quasi‑delict committed by its dump‑truck ...(Pro-only)

Ruling:

• (Pro-only)

Ratio:

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Doctrine:

• (Pro-only)