Case Digest (G.R. No. L-61308)
Facts:
Vallacar Transit, Inc. and Mario Hambala v. Celestino Yap and Jenny Yap and Hon. Vicente A. Hidalgo (formerly presided by Hon. Eutropio Migrino), G.R. No. 61308, December 29, 1983, Supreme Court Second Division, Escolin, J., writing for the Court.On May 16, 1979, Vallacar Transit, Inc. bus No. 646, driven by petitioner Mario Hambala, collided with a dump truck owned by Hanil Development Co., Ltd. at Barangay Talisay, Gingoog City; passengers Celestino Yap and Jenny Yap were injured and Hanil’s driver Eddie Gonzaga was killed. On August 23, 1979 the Yaps sued Vallacar, Hambala and Hanil in the Court of First Instance (CFI) of Agusan del Sur as Civil Case No. 264—charging Vallacar under culpa contractual and Hanil under quasi-delict.
On October 21, 1979 Vallacar and Hambala answered and filed a cross-claim against Hanil, blaming Hanil’s driver for the accident. On September 30, 1979 Hanil separately filed suit against Vallacar in the CFI of Misamis Oriental as Civil Case No. 6742, asserting that Vallacar’s driver caused the death of Hanil’s driver and the destruction of its truck; Vallacar answered with a counterclaim on November 5, 1979.
In Civil Case No. 264, the Yaps moved to discharge Hanil as a defendant for lack of service (undated); on November 18, 1980 the CFI of Agusan del Sur issued an order discharging Hanil. On August 8, 1981 Vallacar obtained leave to file a third-party complaint in Civil Case No. 264 against Hanil to hold it liable for injuries to passengers and damage to ...(Subscriber-Only)
Issues:
- Was the dismissal of Vallacar’s third-party complaint on the ground of litis pendentia proper?
- If dismissal was improper or unwise as a practical matter, should Civil Case No. 6742 (Misamis Oriental) be consolidated wi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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