Saturday, June 13, 2015

CIR v Bisaya Land (1985)


CIR v Bisaya Land Transportation GR No. L-60126, 9/25/1985

FACTS:
There are four petitions for a writ of certiorari, to annul an order of respondent Hon. Mejia, as Judge of First Instance of

Cebu dated 2/22/1955 denying a motion of petitioner Bisaya Land Transportation, Co. Inc. for suspension of the trial of civil case until the rendition of final judgment in a criminal case of the said court. Petitioner assails this order, upon the ground that it was issued by the judge with grave abuse of discretion and without or in excess of his jurisdiction.

ISSUE:
Whether the judge acted with grave abuse of discretion


RULING:
Yes. The complaints in the civil cases are independent of the provisions of the Revised Penal Code and of such criminal

responsibility as may exist thereunder. The civil cases are specifically based upon an alleged breach of the contractual relation between said petitioner as owner and its passenger. 

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