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Funtila vs. Court of Appeals

LAMBERTO FUNTILA, petitioner, vs. HON. COURT OF APPEALS and LOLITA MARTIN, respondents.

G.R. No. L-49829 | 1979-09-25

D E C I S I O N

MELENCIO-HERRERA, J:

Petition for Review on Certiorari of the Decision of the Court of Appeals * setting aside the Order dated December 23, 1977 of the Court of First Instance of Rizal (Pasig, Branch XXV) in Civil Case No. 16958 granting the Petition for Relief from the Order dismissing petitioner's Complaint.

The factual background is as follows:

On August 14, 1973, petitioner filed Civil Case No. 16958 with the Court of First Instance of Rizal for the recovery of damages for the injuries sustained by his minor daughter who was allegedly thrown out of a public utility bus owned by private respondent. Private...