Professional Documents
Culture Documents
Canlas vs. Court of Appeals PDF
Canlas vs. Court of Appeals PDF
415
THIRD DIVISION
416
416
417
PURISIMA, J.:
At bar is a Petition for Review on Certiorari under Rule 45
of the Rules
of Court, seeking to review and set aside the
1
Decision of the Court of Appeals
in CAG.R. CV No. 25242,
2
which reversed the Decision of Branch 59 of the Regional
Trial Court of Makati City in Civil Case No. M028 the
dispositive portion of which reads:
WHEREFORE, the decision appealed from is hereby REVERSED
and SET ASIDE and a new one is hereby entered DISMISSING
the complaint of the spouses Osmundo and Angelina Canlas. On
the counterclaim of defendant Asian Savings Bank, the plaintiffs
Canlas spouses are hereby ordered to pay the defendant Asian
Savings Bank the amount of P50,000.00 as moral and exemplary
damages plus P15,000.00 as and for attorneys fees. With costs
against appellees. 3
SO ORDERED.
418
Id., p. 68.
Id., p. 68.
419
SO ORDERED.
10
420
IN
_________________
11
421
421
708.
13
Rural Bank of Sariaya, Inc. vs. Yacon, 175 SCRA 62, p. 68.
422
422
instrument.
ATTY. CARLOS:
xxxxxxxxx
423
A: Residence Certificate.
Q: Is that all, is that the only requirement?
A: We requested for others but they could not produce, and
because they presented to us the Residence Certificate
which matches on the signature14on the Residence Cert
ificate in favor of Atty. Magno.
16
O.R. p. 11 Annex C.
424
424
Philippine Bank of Commerce vs. Court of Appeals, 269 SCRA 695, p. 708
citing: LBC Air Cargo, Inc. vs. Court of Appeals, 241 SCRA 619, 624 Picart vs.
Smith, 37 Phil. 809 Pantranco North Express, Inc. vs. Baesa, 179 SCRA 384 Glan
Peoples Lumber and Hardware vs. Intermediate Appellate Court, 173 SCRA 464.
425
425
19
426
x x x x x x x x x
QUESTION: So, what is the main topic of your discussion
during the meeting?
ANSWER: The main topic was then, about his business
although, Mr. Leonardo Rey, who actually turned out as Mr.
Canlas, supplier of Mr. Maosca.
QUESTION: I see . . . other than the business of Mr. Manosca,
were there any other topic discussed?
ANSWER: YES.
QUESTION: And what was the topic?
ANSWER:
General Economy then.
22
x x x
Ibid., p. 41.
22
Direct Examination of Josefina Rojo, May 23, 1985, TSN, pp. 37, 42
43.
427
427
36.
24
65.
25
Ibid., p. 51.
26
27
428
SO ORDERED.
Melo (Chairman), Vitug and GonzagaReyes, JJ.,
concur.
Panganiban, J., In the result.
Petition granted, judgment set aside. That of the court a
quo reinstated.
Note.View that the doctrine of last clear chance
assumes that the negligence of the defendant was
subsequent to the negligence of the plaintiff and the same
must be the proximate cause of the injury. (Philippine
Bank of Commerce vs. Court of Appeals, 269 SCRA 695
[1997])
o0o
&RS\ULJKW&HQWUDO%RRN6XSSO\,QF$OOULJKWVUHVHUYHG