Professional Documents
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COURT OF APPEALS
Manila
DANIEL BADILLA
Petitioner
CA-G.R. SP. NO._____
-versusHON. ABAKADA EGAHA,
As Presiding Judge, Branch 83,
MAKATI CITY
Respondent
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PETITION FOR CERTIORARI
Plaintiff, by counsel and to this Honorable Court, alleges:
PREFATORY STATEMENT
This is an action to set aside the order dated 8 November 2014 (Annex
A) issued by respondent Judge in Civil Case 12345, Branch 83, Makati City,
entitled Daniel Badilla vs. Vice Pogi, ordering the dismissal of the case and
ordering Plaintiff therein to pay damages to Vice Pogi in spite of the
absence of a counterclaim filed by the latter, as well as the order of 20
November 2014, which denied petitioners motion for reconsideration, on
the ground that said questioned order is null and void, for grave abuse of
discretion amounting to lack of jurisdiction in issuing said order.
THE PARTIES
1. Petitioner is of legal age and with residence at 608 C Cordillera St. Brgy
Malamig, Makati City. He is the plaintiff in the Civil Case No. 12345,
Branch 83, RTC, Makati.
2. Respondent Abakada Egaha is of legal age and is the Presiding Judge of
of Branch 83, RTC, Makati, who issued the questioned orders and is
sued in his official capacity as such. He may be served with legal
processes at said Branch 83, RTC Makati.
TIMELINESS OF PETITION
On 8 November 2014, respondent Judge issued an order dismissing
petitioners civil case against Vice Pogi involving an action for damages.
Petitioner received a copy of said order on 10 November 2014, and certified
true copy of which is attached hereto as Annex A.
On 20 November 2014, or within 15 days from receipt of said order
Annex A, petitioner filed a motion for reconsideration. On 22 November
2014, the trial court denied said motion for reconsideration, and a copy
thereof was served petitioner on 24 November 2014. Certified true copy of
said order of denial is attached hereto as Annex B
The instant petition is filed with the Court of Appeals within 60 days from
receipt of said order Annex B.
STATEMENT OF FACTS AND PROCEEDINGS
1. On December 17, 2008, at around one oclock in the morning, Badilla
was driving and on board a Honda CRV 2009 vehicle, bearing the
plate number ABS 222.
2. Badilla was traversing the stretch of EDSA at a steady speed with due
regard for traffic regulations.
3. Vice Pogi, defendant in Civil Case 12345, was the driver of a Toyota
Altis 2008 model bearing the plate number AHH 246. He blatantly
disregarded major traffic rules and acted with gross negligence
resulting the collision of the vehicles.
4. The collision between the two cars was so strong resulting to
considerable damage in the body and engine of the Honda CRV.
5. Badilla had to undergo medical treatment.
6. Prior to the institution of the Civil Case the parties entered into a
settlement, where plaintiff therein agreed not to pursue any legal
action in exchange for the sum of Php 500,000, representing actual
damages including car repair and medical expenses.
7. Plaintiff therein was only paid Php 200,000. The remaining balance
is still unpaid despite demand. The demand letter was dated 15
December 2011, which tolled the running of the prescriptive period.
8. Badilla institued the civil action to collect payment 6 October 2014.
9. Respondent Judge granted therein defendants motion to dismiss on
the ground of prescription on 8 November 2014.
JAYPEE ORTIZ
Counsel for Plaintiffs
Dela Rosa St., Legaspi Village
Makati City, Metro Manila
IBP Lifetime Member 11111
Attorneys Roll No. 11111
PTR No. 11111, 1-11-10,(MC)
DANIEL BADILLA
Affiant
License No. 1111111
Issued on March 17, 2013
Valid up to March 17, 2015
Doc. No. 1;
Page No. 10;
Book No. V;
Series of 2011.
JULIA MONTEZ
Notary Public
Until December 31,2017
PTR No. 1111111, 1-11-10,
issued at Makati City