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Virgilio Ozoa vs. Caridad Vda. De Madula, etal.

VIRGILIO OZOA, petitioner, vs. CARIDAD VDA. DE MADULA, HON. CELSO LARGO, etc., and PROVINCIAL SHERIFF OF BUKIDNON, respondents.

G.R. No. L-62955 | 1987-12-22

D E C I S I O N


NARVASA, J.:

In this special civil action of certiorari and prohibition, we are asked by the petitioner to annul and set aside the Order of respondent Judge which denied his appeal ---- and his motion to recall a writ of execution for the enforcement of his subsidiary civil liability under Article 103 of the Revised Penal Code, i.e., to answer for his employee's own liability arising from the felony of which the latter had been convicted. 1

Petitioner Ozoa was the employer of Policarpio Balatayo, who was convicted by the Court of First Instance of Bukidnon of homicide with serious physical injuries thru reckless...