Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1960 > February 1960 Decisions > G.R. No. L-13231 February 29, 1960 - ALBERTO INESIN, ET AL. v. HONORABLE MATEO CANONOY, ETC., AND BENODIN

107 Phil 217:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-13231. February 29, 1960.]

ALBERTO INESIN, EULAGIO TORNETO and FELIX WAGA, Petitioners, v. THE HONORABLE MATEO CANONOY, in his capacity as District Judge of the Court of First Instance of Zamboanga del Sur, and VICENTA BENODIN, Respondents.

Vincenzo A. Sagun, for Petitioners.

Respondent Judge in his own behalf.

Bersales & Bersales for respondent Benodin.


SYLLABUS


1. PLEADING AND PRACTICE; MOTION FOR RECONSIDERATION; FAILURE TO SET DATE FOR HEARING NOT FATAL IN CASE AT BAR. — The Court of First Instance holds its sessions in Pagadian, Zamboanga del Sur, only once a year on the dates to be fixed by the district judge (Sec. 161, Rev. Adm. Code, superseded by Sec. 54 of Republic Act No. 296). Since it is not shown, in the case at bar, that at the time plaintiff presented the motion to reconsider the order of dismissal, the judge of the Court of First Instance had already set a date for the next term, his attorney could not set the motion for hearing, not knowing on what date or in what month the next yearly session in Pagadian was to take place. Although the attorney for plaintiff could have set the motion for hearing on the first day of the term, his failure to adopt such a step could not have meant negligence or neglect on his part, for he had the alternative to set the motion for hearing as soon as the judge had fixed the following term of the court in that municipality. The rules should be interpreted liberally, and under the circumstances, the motion which was accepted by the clerk of court without the designation of the date for its hearing, cannot be considered as a mere scrap of paper; it suspended the period of appeal.


D E C I S I O N


LABRADOR, J.:


This is an original action for certiorari and prohibition filed with us to reverse an order of the court of First Instance of Zamboanga del Sur, Hon. Mateo Canonoy, presiding, setting aside a previous order of the court dated December 29, 1956, dismissing an action instituted by herein respondent Vicenta Benodin against the herein petitioners, Alberto Inesin, Eulogio Torneto and Felix Waga, which is civil case No. 194 of the Court of First Instance of Zamboanga del Sur, Pagadian.

In said civil case No. 194 herein respondent Benodin brought action against petitioners Inesin, Torneto and Waga to recover from them damages for serious physical injuries suffered by plaintiff for having been thrown out of a tartanilla in which she was riding, which was struck from behind by a bus owned and operated by Alberto Inesin and Eulogio Torneto, and driven recklessly by Felix Waga. Upon receiving the summons counsel for defendants moved to dismiss the complaint by reason of the fact that a final judgment had already been previously rendered between the same parties for the same cause of action and that Waga has not been shown to have any relation with his other co-defendants. The motion was set for hearing on September 27, 1955. The court granted the motion and dismissed the action on the ground that the driver of the bus had been prosecuted in the justice of the peace court of Pagadian for negligence, and found guilty, and in said cause case plaintiff Vicenta Benodin had not reserved the right to institute an independent civil action.

The record shows that counsel for defendants received copy of the order of dismissal on October 7, 1955 and on October 31, they presented a motion for the reconsideration of the order of dismissal. The motion for reconsideration does not give notice of the day set for the hearing thereof, but on December 6, 1956, such notice was presented asking the clerk of court to set the motion for reconsideration for hearing on December 22, 1956. The motion was opposed because it contained no notice of hearing and it therefore, should be considered as a mere scrap of paper which did not affect the running of the period for the judgment to become final. On December 29, 1956, the court below granted the motion for reconsideration and set aside the order of dismissal. Thereupon attorney for defendants presented a motion to reconsider the order which is set forth above but the court denied this motion for reconsideration on January 15, 1957.

In the case at bar it is the claim of the petitioners before us that as the motion for reconsideration, submitted by the defendant in the court below to set aside the judgment, was not accompanied by a notice of the date set for the hearing of the motion, said motion should be considered as a mere scrap of paper and did not produce the effect of suspending the period of appeal. So, it is claimed that the judge below, in setting aside the order of dismissal, acted in excess of his jurisdiction.

It is to be noted that the Court of First Instance holds its sessions in Pagadian, Zamboanga del Sur, only once a year on the dates to be fixed by the district judge (Sec. 161, Rev. Adm. Code, superseded by Sec. 54 of Republic Act No. 296). As the sessions in Pagadian are not continuous throughout the year, and since it is shown that, at the time respondents herein presented the motion to reconsider the order of dismissal, the judge of the Court of First Instance had already set a date for the next term, attorney for the movant, respondent herein, could not set the motion for hearing, not knowing on what date or in what month the next yearly session in Pagadian was to take place. It is true that the attorney for the respondent could have set the motion for hearing on the first day of the term, asking the clerk of court to set it for hearing on that date, but the failure to adopt such a step could not have meant negligence or neglect on the part of attorney for the movants, for said attorney had the alternative to set the motion for hearing as soon as the judge has fixed the following term of the court in that municipality. Under the rules, which we have enjoined to be interpreted liberally and under the circumstances, we are not prepared to declare that the motion, which was accepted by the clerk of court without the designation of the date for it hearing, was a mere scrap of paper. Judging from the order of the respondent court, the next sessions after the sessions in September, 1955, must have taken place in October, 1956, when the motion for reconsideration in question was set for hearing by counsel for the movant-respondent. Perhaps it was only in December, 1956, that the plaintiffs had been apprised that the court was going to hold its term of court during the month of December, 1956 and it was on the sixth day of that month that said attorney for the plaintiff, respondent herein, promptly notified the clerk and the adverse party of the date of said hearing. The judge, who should know this special provision of the Judiciary Act on the holding of sessions in Pagadian, denied the motion to strike out the motion for reconsideration for failure to contain a notice of the date of hearing, and he must have taken into account the fact that there is only one term of the court in Pagadian.

Wherefore, the petition should be, as it is hereby denied, without costs.

Paras, C.J., Bengzon, Montemayor, Bautista Angelo, Concepción, Reyes, J.B.L., Endencia, Barrera and Gutiérrez David, JJ., concur.




Back to Home | Back to Main


ClubJuris.Com



February-1960 Jurisprudence                 

  • G.R. No. L-12802 February 11, 1960 - DALMACIO CABAÑERO, ET AL., v. MARCELO TESORO, ET AL.

    107 Phil 1

  • G.R. No. L-13125 February 13, 1960 - PEDRO C. CAMUS v. HON. COURT OF APPEALS, ET AL.

    107 Phil 4

  • G.R. No. L-13134 February 13, 1960 - MARIA C. ROA v. SEGUNDA DE LA CRUZ, ET AL.

    107 Phil 8

  • G.R. No. L-12322 February 19, 1960 - JOSE G. GENEROSO v. GSIS

    107 Phil 13

  • G.R. No. L-12525 February 19, 1960 - FRANCISCO A. TAN v. PEDRO M. GlMENEZ

    107 Phil 17

  • G.R. No. L-13573 February 20, 1960 - ALHAMBRA CIGAR & CIGARETTE MANUFACTURING COMPANY, ET AL., v. ALHAMBRA EMPLOYEE’S ASSN.

    107 Phil 23

  • G.R. No. L-12791 February 23, 1960 - RAMON L. CHENG v. REPUBLIC OF THE PHIL.

    107 Phil 31

  • G.R. No. L-13553 February 23, 1960 - JOSE DE OCAMPO v. SERAFINA FLORENCIANO

    107 Phil 35

  • G.R. No. L-15096 February 23, 1960 - ENGRACIA P. LUCHAYCO, ET AL., v. HON. FELIXBERTO IMPERIAL REYES, ETC., ET AL.

    107 Phil 41

  • G.R. No. L-12718 February 24, 1960 - PEOPLE OF THE PHIL. v. OLIMPIO CORPUZ and JULIAN SERQUIÑA

    107 Phil 44

  • G.R. Nos. L-14284-14285 February 24, 1960 - WILLIAM POMEROY, ET AL., v. THE DIRECTOR OF PRISONS, ET AL.

    107 Phil 50

  • G.R. No. L-9759-61 February 25, 1960 - PEOPLE OF THE PHIL. v. TOMAS MOQUIADI, ET AL.

    107 Phil 62

  • G.R. No. L-12845 February 25, 1960 - ZAMBALES CHROMITE MINING CO. v. JOSE ROBLES, ET AL.

    107 Phil 69

  • G.R. No. L-13161 February 25, 1960 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY v. COURT OF INDUSTRIAL RELATIONS, ET AL.

    107 Phil 79

  • G.R. No. L-13280 February 25, 1960 - LAND TENURE ADMINISTRATION, ET AL. v. HONORABLE HIGINIO B. MACADAEG ETC., AND LIM

    107 Phil 83

  • G.R. No. L-13828 February 25, 1960 - ELADIA RAPATAN, ET AL., v. ELPIDIO CHICANO, ET AL.

    107 Phil 88

  • G.R. No. L-13964 February 25, 1960 - VICENTE ASPERILLA, ET AL., v. MANILA RAILROAD CO.

    107 Phil 91

  • G.R. No. L-14148 February 25, 1960 - ALFREDO PUA v. EULOGIO LAPITAN

    107 Phil 95

  • G.R. No. L-14322 February 25, 1960 - In re: TESTATE ESTATE of PETRONILA TAMPOY v. DIOSDADA ALBERASTINE

    107 Phil 100

  • G.R. No. L-11074 February 27, 1960 - PEOPLE OF THE PHIL. v. RUFELINO ZAPATA and FERNANDICO TUBADEZA

    107 Phil 103

  • G.R. No. L-13048 February 27, 1960 - STANDARD-VACUUM OIL CO., v. ANITA TAN and COURT OF APPEALS

    107 Phil 109

  • G.R. No. L-9920 February 29, 1960 - BARTOLOME E. SAN DIEGO v. THE MUNICIPALITY OF NAUJAN, PROVINCE OF ORIENTAL MINDORO

    107 Phil 118

  • G.R. No. L-10184 February 29, 1960 - FELIX V. VALENCIA v. AUDITOR GENERAL, and GSIS

    107 Phil 128

  • G.R. Nos. L-11319-20; L-13504 & L-13507-8 February 29, 1960 - ANTONIO TUASON, JR., ETC. v. AUGUSTO DE ASIS

    107 Phil 131

  • G.R. Nos. L-11933-34 February 29, 1960 - LAGUNA TAYABAS BUS CO. v. M. RUIZ HIGHWAY TRANSIT, INC.

    107 Phil 143

  • G.R. No. L-12493 February 29, 1960 - GREGORIO I. ALCANTARA, ET AL. v. NORBERTO S. AMORANTO

    107 Phil 147

  • G.R. No. L-12727 February 29, 1960 - MANILA JOCKEY CLUB, INC. v. GAMES AND AMUSEMENTS BOARD, ET AL.

    107 Phil 151

  • G.R. No. L-12827 February 29, 1960 - SMITH, BELL & CO., LTD., v. PHILIPPINE MILLING CO.

    107 Phil 160

  • G.R. No. L-12863 February 29, 1960 - BERNARDO BENEDICTO v. IGNACIO CHIONG OSMEÑA

    107 Phil 163

  • G.R. Nos. L-12911-12 & L-13073-74 February 29, 1960 - PAZ MARQUEZ BENITEZ v. AMADOR D. SANTOS

    107 Phil 167

  • G.R. No. L-12942 February 29, 1960 - PEOPLE OF THE PHIL. v. NICANOR MACATANGAY and DAVID CUNANAN

    107 Phil 188

  • G.R. No. L-12964 February 29, 1960 - SOL SAMONTE, ET AL. v. JUANA SAMBILON, ET AL.

    107 Phil 198

  • G.R. No. L-13006 February 29, 1960 - PEOPLE OF THE PHIL. v. RODOLFO ENRIQUEZ, ET AL.

    107 Phil 201

  • G.R. No. L-13115 February 29, 1960 - TRINIDAD DE LOS REYES VDA. DE SANTIAGO v. ANGELA S. REYES and WCC

    107 Phil 210

  • G.R. No. L-13231 February 29, 1960 - ALBERTO INESIN, ET AL. v. HONORABLE MATEO CANONOY, ETC., AND BENODIN

    107 Phil 217

  • G.R. No. L-13284 February 29, 1960 - PEOPLE OF THE PHIL. v. FRANCISCO COLMENARES and CELSO LLORICO

    107 Phil 220

  • G.R. No. L-13367 February 29, 1960 - DAVID INCO, ET AL., v. GODOFREDO ENRIQUEZ

    107 Phil 226

  • G.R. No. L-13453 February 29, 1960 - ALLISON J. GIBBS, ET AL., v. COLL. OF INTERNAL REVENUE AND COURT OF TAX APPEALS

    107 Phil 232

  • G.R. No. L-13474 February 29, 1960 - APOLONIO NICDAO v. GSIS, ET AL.

    107 Phil 241

  • G.R. No. L-13722 February 29, 1960 - QUIRICO ALIMAJEN v. PASCUAL VALERA, ET AL.

    107 Phil 244

  • G.R. No. L-13804 February 29, 1960 - PONCIANO PUNZALAN v. NICOLAS PAPICA, ET AL.

    107 Phil 246

  • G.R. No. L-13884 February 29, 1960 - NORTHERN MOTORS, INC. v. PRINCE LINE, ET AL.

    107 Phil 253

  • G.R. No. L-13922 February 29, 1960 - SEVERINO PONCE v. Co KING LIAN

    107 Phil 263

  • G.R. No. L-13927 February 29, 1960 - TRINIDAD MANAOIS-SALONGA v. IMELDA V. NATIVIDAD

    107 Phil 268

  • G.R. No. L-14120 February 29, 1960 - ASSOCIATED WATCHMEN AND SECURITY UNION v. HON. JUDGES JUAN LANTING, ETC., ET AL.

    107 Phil 275

  • G.R. No. L-14226 February 29, 1960 - MANILA SURETY & FIDELITY CO., INC. v. JOSE M. LUNA

    107 Phil 281

  • G.R. No. L-14360 February 29, 1960 - JOSE BERNABE & CO., INC. v. DELGADO BROTHERS, INC.

    107 Phil 287

  • G.R. No. L-14389 February 29, 1960 - AURORA RODRIGUEZ, ET AL., v. CITY OF CABANATUAN

    107 Phil 293

  • G.R. No. L-14407 February 29, 1960 - ANACLETO ALZATE, ETC., v. BENIGNO ALDANA, ETC., ET AL.

    107 Phil 298

  • G.R. No. L-14577 February 29, 1960 - PEOPLE OF THE PHIL. v. ANDRES C. GALSIM

    107 Phil 303

  • G.R. No. L-14651 February 29, 1960 - HACIENDA SAPANG PALAY TENANTS’ LEAGUE, INC. and DOMINADOR GUEVAN v. NICASIO YATCO, ETC.

    107 Phil 306