Back

ILDEFONSO SAMALA AND BENJAMIN BABISTA vs. THE HON. CA, THE HON. REGIONAL TRIAL COURT, Branch 15, Naic, Cavite, and ROMULO OCAMPO

ILDEFONSO SAMALA AND BENJAMIN BABISTA, petitioners, vs. THE HON. COURT OF APPEALS, THE HON. REGIONAL TRIAL COURT, Branch 15, Naic, Cavite, and ROMULO OCAMPO, respondents.

G.R. No. 128628 | 2001-08-23

D E C I S I O N

PARDO, J.:

What is before the Court is an appeal via certiorari from the decision of the Court of Appeals[1] that denied the petition for relief from the order granting a writ of execution.

On October 19, 1990, at about 8:00 p.m., Super Saint Bus with plate number NKJ 468 and body number 975 sideswiped a Yamaha motorcycle with plate number MCGB 5256, along Panamitan Highway, Kawit, Cavite. Romulo Ocampo was riding at the back of the motorcycle driver.

As a result of the impact, Ocampo was thrown several meters away and landed on a concrete highway causing serious physical injuries on his neck and left leg. He was...