Ma. Liza Franco-Cruz v. The · G.R. 172238

Petitioner: Ma. Liza Franco-Cruz
Respondent: The Court of Appeals
Citation: G.R. No. 172238
Court: Supreme Court
Division: Second Division
Ponente: Carpio-Morales, J.
Decided: September 17, 2008

Summary

This case arose from a January 4, 1998 vehicular collision between a Franco Transit bus and Victory Liner vehicles that resulted in multiple deaths and property damage. Victory Liner and surviving spouses sued Ma. Liza Franco-Cruz as alleged owner/operator of Franco Transit for damages. Petitioner denied ownership, claiming Felicisima R. Franco was the registered owner, but was declared in default for failing to appear at pre-trial. The RTC ruled against her for P765,631.00 in damages after ex-parte proceedings. The Court of Appeals dismissed her appeal as time-barred. The Supreme Court reversed, finding that counsel's negligence and trial court's procedural errors deprived petitioner of due process. Despite respondents' ex-parte presentation, they failed to prove petitioner's ownership against her evidence showing the bus was registered to Felicisima R. Franco. The Court remanded the case to allow petitioner to present her defenses and ensure proper adjudication based on competent evidence rather than procedural defaults.

Statutes applied

Civil Code, Art. 2180

Related cases

Other Philippine cases on the same provisions and issues.

Bataclan v. Medina G.R. No. L-10126
Africa v. Caltex (Phil.), Inc. G.R. No. L-12986
Spouses Benjamin C. Mamaril v. The Boy Scout of the Philippines G.R. No. 179382
Spouses Fernando v. Continental Airlines G.R. No. 188288
Cornelio Lampesa v. Dr. Juan de Vera, Jr. G.R. No. 155111
Keihin-Everett Forwarding Co. v. Tokio Marine Malayan Insurance Co. G.R. No. 212107
National Transmission Corporation v. Leslie L. de Jesus G.R. No. 217928
Rcj Bus Lines v. Standard Insurance Company G.R. No. 193629

By the Intellegal Editorial Board · September 17, 2008

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