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ula, Ismael vs. Pedro Dianala, et al.

ISMAEL GULA, for himself and as guardian ad litem of the minors, namely: ISMAEL GULA, JR., LILIA GULA, JACINTO GULA, MILAGROSA GULA accompanied by her husband MAMERTO BOLIVAR, DOROTHEA GULA, NELSA GULA accompanied by her husband ANTONIO PALACIOS, VIOLETA GULA, and LORNA GULA, plaintiffs-appellants, vs. PEDRO DIANALA and PONCIANO REJON, defendants-appellees.

G.R. No. L-40308 | 1984-09-28

D E C I S I O N


MELENCIO-HERRERA, J.:

On September 19, 1968, Esperanza Gula, wife of plaintiff-appellant, Ismael Gula, was run over and killed by a cargo truck driven by defendant-appellee, Pedro Dianala, and owned by defendant, Ponciano Rejon, on the public highway inside Bago City, Negros Occidental.

On September 23, 1968, the City Fiscal of Bago City filed Criminal Case No. 3092 against the driver, Pedro Dianala, for Homicide thru Reckless Imprudence before the Bago City Court. Plaintiffs-appellants participated in the criminal case through their private prosecutors. No reservation to file a separate civil action was made. The...