Title
Philippine Long Distance Telephone Co., Inc. vs. Court of Appeals
Case
G.R. No. 57079
Decision Date
Sep 29, 1989
Spouses injured after jeep fell into PLDT's uncovered trench; court ruled driver's negligence caused accident, absolving PLDT of liability.

Case Summary (G.R. No. 159813)

Facts and Procedural History

The case arose from an accident on July 30, 1968, where the jeep driven by Antonio Esteban struck a mound of earth and fell into an open trench excavated allegedly by PLDT for underground conduit installation. The trench was reportedly left uncovered without warning signs or lights, resulting in injuries to Gloria Esteban and minor injuries to Antonio Esteban alongside damage to their jeep. The respondents sued PLDT for damages, while PLDT countered by attributing liability to the independent contractor, Barte, who conducted the excavation work.

At trial, the Court of First Instance ruled in favor of the Estebans, awarding moral and exemplary damages as well as attorney’s fees against PLDT and ordering Barte to reimburse PLDT. Both PLDT and the Estebans appealed, with the latter contesting only the damages amount.

Court of Appeals Proceedings

The Court of Appeals Special Second Division reversed the trial court decision, dismissing the Estebans' complaint and exonerating PLDT on grounds of negligence by the Estebans. The respondents filed a first motion for reconsideration, which was denied. Subsequently, they filed a motion for leave to file a second motion for reconsideration after the reglementary period expired, which the Court of Appeals initially granted, allowing a second motion to be filed. The five-member panel later reversed the original decision anew in favor of the Estebans.

PLDT moved to reconsider this second reversal, contending that the second motion for reconsideration was untimely and that the Court of Appeals' original decision had become final and executory, invoking the independent contractor doctrine to deny liability.

Issues Presented

  1. Whether the second motion for reconsideration filed by respondents was timely and properly entertained by the Court of Appeals.
  2. Whether PLDT can be held liable under the independent contractor rule for the accident involving the trench excavation conducted by Barte.

Timeliness and Jurisdiction Analysis

Applying the procedural rules governing motions for reconsideration prior to the 1987 Constitution, particularly Section 1, Rule 52 of the Rules of Court, the Supreme Court found that respondents’ second motion for reconsideration was filed beyond the prescribed period. The first motion for reconsideration consumed nearly the entire reglementary 15-day period, leaving respondents only one day to file a second motion following receipt of the denial resolution. Instead, respondents filed the motion for leave six days after this period elapsed. Consequently, the Court of Appeals lost jurisdiction to entertain the subsequent motions, rendering the resolutions allowing the second motion void and without legal effect.

The Supreme Court underscored the principle that once a decision becomes final and executory after the lapse of the proper period to appeal or move for reconsideration, the court that rendered the decision can no longer amend, alter, or modify it. This prevents endless litigation and promotes finality.

Substantive Merits: Liability for Negligence

Evaluating the evidence, the Court held that the accident was primarily due to the negligence of Antonio Esteban as the driver. Findings showed his jeep was running faster than claimed and swerved from the proper lane, striking the accident mound. Despite knowledge of the excavation area, Esteban failed to exercise proper care, such as using regular headlights on a dimly lit and drizzling night, which could have prevented the accident. The alleged absence of warning signs or lights was not the proximate cause since the accident was caused by Esteban’s sudden swerve and lack of due diligence.

The Court further noted the lack of credible evidence supporting respondents’ claims—no police report, absent medical records, and reliance on self-serving testimony without corroboration. The contractor Barte complied with safety standards by placing standard signs and barricades.

Application of the Independent Contractor Rule

PLDT argued it could not be held liable for the negligence of Barte, an independent contractor. The Court did not find error in the trial court’s application of this doctrine, as there was insufficient proof of PLDT’s negligence or control over Barte’s work. Liability did not attach to PLDT as the principal for acts or omissions of the indepe

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