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Republic of the Philippines

Court of Appeals
Manila

ATTY. BERTENI CATALUA CAUSING,


Plaintiff-Appellant,
- versus _________

CA-G.R. No. CV No.


Civ. Case No. 13-129473

CEBU AIR, INC. also known as


CEBU PACIFIC AIR or CEBU PACIFIC,
Defendant-Appellee.
x------------------------------------------------------x

Appellants Brief

The plaintiff-appellant, by himself, respectfully files this


Appellants Brief.

The Error Cited

With due respect to the Regional Trial Court, it erred in


dismissing the complaint for damages that the undersigned
filed against the defendant-appellee.
What was done by the court a quo was too harsh in
punishing the undersigned with the dismissal of the
complaint
and
further
denying
the
motion
for
reconsideration.

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The Discussion of Error

The error cited in


dismissing the case

In dismissing the case for damages filed by the latter


against the abusive airline, the court a quo stated:
Atty. Sabarre Jr. (lawyer-partner of the
undersigned) merely appeared to ask the court
to cancel todays setting considering that Atty.
Berteni Catalua Causing the plaintiff in this
case is attending to another hearing before
another Court. Further considering that no
appropriate motion was filed within the period
provided under the rules and he is not
equipped with Special Power of Attorney
to represent the plaintif, this Court is on
the belief that such action on the part of the
plaintiff is a clear manifestation of lack of
interest in prosecuting this case.
For which reason, considering the
absence of the plaintiff without justifiable
cause and without appropriate pleading filed
before the Court this case is DISMISSED for
failure to prosecute.
SO ORDERED.

The said action of the court a quo was a clear mistake,


harsh, oppressive and against the human rights of the
plaintiff.
The truth was that Atty. Sabarre, a partner of Atty.
Causing, as pointed out in the records of the case, was
authorized by Atty. Causing to appear on his behalf.
That is, although Atty. Sabarre merely asked for the
cancellation of the hearing.
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It was harsh for the court a quo to do so because Atty.


Sabarre was actually armed with a Special Power of Attorney
(SPA), a copy of which was submitted to the Court.
It bears stressing the court a quo was estopped to take
judicial notice of the existence in its records of the SPA.
At any rate, the undersigned attached to the same
Motion for Reconsideration and apprised the court a quo of
the same.
Despite this, the court a quo denied the motion for
reconsideration.
Hence, it was clearly erroneous and too harsh for the
court a quo to foreclose the right of the undersigned to claim
damages against the harsh treatment done on him by the
defendant airline.
Two copies of the final Order denying the motion for
reconsideration are attached to this Appellants Brief as
ANNEX A in series and ANNEX B in series.
Additionally, the issues brought forth in this Complaint
is one of FIRST IMPRESSION that needs the final
interpretation and ruling by the Supreme Court.
So that it was very clear there were sufficient
compelling reasons for the jurisprudence and the society
that relies now heavily on airlines because passenger
shipping industry is now gone almost completely.

The Prayer

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WHEREFORE, it is prayed of the Honorable Court that


the Order of the court a quo dated 27 January 2015 be
REVERSED and the final order of denial of the Motion for
Reconsideration be SET ASIDE and the instant case be
ordered REINSTATED by the said court a quo.
Other reliefs just and equitable are also prayed for. 12
May 2016. Manila.

Causing Sabarre Castro Pelagio


Unit 1, 2368 JB Roxas St. corner Leon Guinto St., Malate, Manila
Emails: totocausing@yahoo.com, berteni.causing@gmail.com; Telephone No.:
+632-3105521

By:

BERTENI CATALUA CAUSING, CE


IBP No. 972694/ 04-12-2015 / Manila IV
PTR No. 4889732 / 04-12-2015 / Manila
Roll No. 60944
MCLE No. IV 0007338 issued 10 August 2012
(Valid from 15 April 2013 until 14 April 2016)

MCLE No. V 0013036 issued 13 January 2016


(Valid from 15 April 2016 until 14 April 2019)

Cc:
ATTY. DIOSDADO E. AGCAOILI, JR.
Counsel for the Defendant
MANTARING ALVAERA NEPOMUCENO & AGCAOILI
Airline Operations Center, Domestic Airport Road, Pasay City

Explanation
Lack of manpower compelled the service of copy of this
Appellants Brief by registered mail.
BERTENI CATALUA CAUSING, CE

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