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order that the employer may recover what he paid the employee
because the cause of action of employer does not spring from a
creditor-debtor relationship but from the fact that the employer is
subrogated to the right of the employee to sue the guilty party.
Such subrogation is sanctioned by the Workmen's Compensation
Law.
SANCHEZ, J.:
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Delgado.
At the scheduled hearing of the case on July 23, 1965,
neither petitioners nor their counsel appeared. Borromeo
was thus allowed to present its evidence ex parte. On the
same day, July 23, 1965, the municipal court rendered
judgment in favor of Borromeo and against the petitioners
in the principal sum of P4,444, and P500 attorney's fees,
and costs. Respondents aver that this judgment has been
executed and satisfied.
On August 6, 1965, petitioners received copy of the
municipal court's decision.
On August 13, 1965, petitioners moved to set aside the
decision. On August 14, 1965, this motion was denied.
On August 16, 1965, copy of this order of denial was sent
by registered mail to counsel of petitioners. Said counsel
did not receive this registered mail and the mail matter
was returned to the court unclaimed. However, said
counsel learned of this denial on September 2, 1965
allegedly "in the course of his investigation."
Petitioners filed a notice of appeal dated September 2,
1965. They, however, paid the appellate docket fee and
deposited their cash appeal bond only on September 28,
1965. Their appeal was consequently turned down by the
municipal court, for the reason that the deposit of the bond
and the payment of the docket fee were done after the lapse
of the reglementary period.
Nothing was done by petitioners until October 26, 1965,
when they lodged a petition for relief from the inferior
2
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court's judgment in the Court of First Instance of Rizal.
They there claimed excusable negligence for the failure of
petitioners' counsel to appear in the July 23, 1965 hear-
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irretrievably
4
lost through the gross inaction of his
counsel."
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3 Fajardo vs. Bayona, 98 Phil. 659, 662, citing Palomares vs. Jimenez,
90 Phil. 773, 775-776; Alquesa vs. Cavada (1961), 3 SCRA 428, 430-431.
4 Javellana vs. Lutero (1967), 20 SCRA 717, 722. See also. Palomares
vs. Jimenez, supra, at p. 776; Smith, Bell & Co., Ltd. vs. Philippine
Milling Co., L-12827, February 29, 1960.
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5 Quirino vs. Philippine National Bank, 101 Phil. 705, 706-708. See
also: Anuran vs. Aquino, 38 Phil. 29, 34-37; Veluz vs. Justice of the Peace
of Sariaya, 42 Phil. 557, 562-563; Prudential Bank & Trust Company vs.
Macadaeg, 105 Phil. 791, 794; Punzalan vs. Papica, L-13804, February 29,
1960; Suzara vs. Caluag (1962), 4 SCRA 1060, 1062; Concurring Opinion
of Mr. Justice Dizon in Balite vs. Cabangon (1967), 20 SCRA 122, 126.
6 R.A., p. 18,
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Decision reversed.
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8 Emphasis supplied.
9 Esguerra vs. Muñoz Palma, 104 Phil. 582, 585. See also: Clareza vs.
Rosales (1961), 2 SCRA 455, 457-458.
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10 See also: Article 2176, Civil Code, which reads: "Who ever by act or
omission causes damage to another, there being fault or negligence, is
obliged to pay for the damage done. Such fault or negligence, if there is no
pre-existing contractual relation between the parties, is called a quasi-
delict and is governed by the provisions of this Chapter," (i.e., Chapter 2,
Title XVII, Book IV, Civil Code).
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