Case Summary (G.R. No. 148174)

Case Overview

• Court: Supreme Court of the Philippines
• Decision Date: June 30, 2005
• Parties:
  • Petitioner: Bonifacio Construction Management Corporation
  • Respondents: Hon. Estela Perlas-Bernabe (Presiding Judge, RTC Makati) and Gary Cruz (Private Respondent)

Petition for Review on Certiorari

• Nature of Petition: The petitioner filed for a review to challenge the Court of Appeals' decision dated March 12, 2001, which dismissed a petition for certiorari regarding the trial court's denial of the motion to dismiss.

Background Facts

• Parties Involved:

  • Bonifacio Construction Management Corporation was contracted for the Fort Bonifacio-Kalayaan-Buendia Flyover Project.
  • Gary Cruz, a doctor, claimed loss of income due to the construction affecting his medical clinic.

• Timeline of Events:

  • January 5, 1998: Construction commenced.
  • September 25, 1998: Gary Cruz filed a complaint with the Barangay Chairman.
  • November 17, 1998: Cruz demanded P2,000.00 daily for loss of income.
  • Civil Case No. 99-521: Cruz filed a complaint for damages against Bonifacio.

Trial Court Proceedings

• Initial Response:

  • Petitioner filed a motion to dismiss based on lack of cause of action and failure to join the State as a co-defendant.
  • The trial court denied the motion on February 10, 2000.

• Subsequent Actions:

  • Petitioner filed an urgent omnibus motion for reconsideration (denied).
  • Answer was filed on July 3, 2000, followed by another motion to dismiss on August 16, 2000 (also denied).

Court of Appeals Ruling

• The Court of Appeals upheld the trial court's decision, stating:
  • The denial of the motion to dismiss was interlocutory and did not terminate the case.
  • The proper remedy was to appeal after the trial court's final judgment, not through a petition for certiorari.

Legal Principles Established

• Interlocutory Orders:

  • Orders that do not conclude the case and can be modified by the court before a final judgment.
  • A denial of a motion to dismiss is considered interlocutory; thus, it does not warrant certiorari unless there is grave abuse of discretion.

• Procedural Requirements:

  • A motion to dismiss must be filed before or concurrently with the answer; filing it afterward is improper (1997 Rules of Civil Procedure, Section 1, Rule 16).
  • Joinder or misjoinder of parties does not constitute grounds for dismissal, and parties can be added or dropped by court order at any stage of the action (Rule 3, Section 11).

Rationale for Decision

• Absence of Grave Abuse of Discretion:
  • The trial court's rulings were found to be judicious and in accordance with legal procedures.
  • Petitioner’s motions were procedurally flawed and did not demonstrate any capricious or whimsical exercise of judgment by the lower court.

Key Takeaways

• The Supreme Court affirmed the Court of Appeals' ruling, emphasizing the importance of following proper procedures in civil cases.
• The decision clarifies that interlocutory orders are not subject to immediate review through certiorari, underscoring the necessity of exhausting remedies through trial and subsequent appeal.
• T...continue reading

Case Syllabus (G.R. No. 148174)

Case Overview

• The case involves a petition for review on certiorari assailing the Decision of the Court of Appeals dated March 12, 2001, and its Resolution dated May 8, 2001.
• It is titled "Bonifacio Construction Management Corporation vs. The Honorable Estela Perlas-Bernabe, RTC of Makati City, Branch 142, and Gary Cruz."
• The petitioner is Bonifacio Construction Management Corporation, while the respondents include Hon. Estela Perlas-Bernabe and Gary Cruz.

Parties Involved

• Petitioner: Bonifacio Construction Management Corporation

  • A domestic corporation responsible for the construction of the Fort Bonifacio-Kalayaan-Buendia Flyover Project II.

• Respondents:

  • Hon. Estela Perlas-Bernabe: Presiding Judge of the RTC of Makati, Branch 142.
  • Gary Cruz: A doctor with a medical clinic affected by the ongoing construction.

Factual Background

• The construction of the flyover commenced on January 5, 1998.
• The construction works adversely affected nearby businesses, including Gary Cruz's medical clinic, leading to a significant decrease in patient visits due to safety concerns and lack of parking.
• On September 25, 1998, Cruz filed a complaint with the Office of the Barangay Chairman regarding these issues.

Procedural History

• The Barangay Chairman issued letters advising the petitioner to take action, which went unheeded.
• On November 1...continue reading