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Poblete vs. Fabros

LEOPOLDO POBLETE, plaintiff-appellant, vs. DONATO FABROS and GODOFREDO DE LA CRUZ, defendants-appellees.

G.R. No. L-29803 | 1979-09-14

Republic of the Philippines
SUPREME COURT
Manila
 
FIRST DIVISION
 
D E C I S I O N
 
DE CASTRO, J:

This is an action for damages, arising from a vehicular accident, filed by the plaintiff Godofredo Poblete as owner of the damaged taxicab, against the driver and owner of the allegedly offending vehicle, Donato Fabros and Godofredo de la Cruz, respectively.

After trial on the merits, and the case submitted for decision, the trial court, the Court of First Instance of Davao, Judge Vicente Cusi, Jr., presiding, dismissed the case on the ground that from the allegation of the complaint, the action is one to hold Donato Fabros, as the...