Title
Pacursa vs. Del Rosario
Case
G.R. No. L-26353
Decision Date
Jul 29, 1968
A widow's motion to intervene in a case involving an insurance policy is denied by the Court of First Instance and subsequently dismissed by the Court of Appeals and Supreme Court due to her delay in asserting her rights and the potential for undue delay and prejudice to the original parties.
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Case Digest (G.R. No. L-26353)

Facts:

  • Petitioner Perla Pacursa sought to intervene in Civil Case 2419-P of the Court of First Instance of Rizal.
  • The case was filed by Simeon del Rosario against the Equitable Insurance & Casualty Co., Inc.
  • The insurance policy in question covered the members of a vaudeville troupe, including Francisco del Rosario who died in an accident.
  • Simeon del Rosario claimed the proceeds of the policy and an agreement was allegedly made between him and the insurer regarding the distribution of the proceeds.
  • Perla Pacursa, as the sole heir of her husband and son who were members of the vaudeville troupe, filed a motion to intervene in the case.
  • She claimed that all the deceased vaudevillists were covered by the insurance policy.
  • The Court of First Instance denied her motion, citing laches and the potential for undue delay and prejudice to the original parties.
  • Pacursa appealed to the Court of Appeals, but her petition was dismissed.
  • She then appealed to the Supreme Court.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court ruled against P...(Unlock)

Ratio:

  • Pacursa was guilty of laches, as she delayed asserting her rights for over eight years after the accident and only sought intervention after the expiration of the period to file a claim under the insurance policy.
  • Allowing intervention would cause undue delay and prejudice the adjudication of the rights of the original parties.
  • The trial court no longer had the authority to grant intervention, as the case had already been decided and was pending appeal.
  • Intervention should be pursued within a reasonable time and parties should not idly sit by and allow litigation to proceed before asserting their rights.
  • Intervention should not cause undue delay or prej...continue reading

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