CEBU, Philippines - The Court of Appeals (CA) in Cebu has affirmed the decision of the lower court denying the petition filed by Rough Riders, Inc., represented by William Tiu, for the release of their passenger bus held by the Traffic Management Office of Danao City.
Associate Justice Marilyn Lagura-Yap found no merit on the appeal filed by Tiu against the Municipal Trial Court in Cities (MTCC), Branch 3 in Cebu City and P/Supt. Elmer Salido Lim.
"In view of the foregoing discussion, we find it unnecessary to discuss the issues assigned by appellant. Wherefore, the appeal is denied. The assailed resolution dismissing the petition for certiorari filed by appellant is affirmed, but on the ground that the case for replevin filed by appellant before the MTCC lacks a cause of action," the decision reads.
On Aug. 28, 2010, a passenger bus owned by the Rough Riders, Inc., allegedly hit a Ford Everest Wagon driven by Christy Mary Durano in Guinsay, Danao City.
The Ford Everest Wagon was owned by Danao City Councilor and Provincial Board Member Carmen Remedios Meca.
The bus was impounded by the TMO of Danao City.
The company requested for the release of the bus however, Lim, then the chief of police of Danao City, denied the request in the absence of a promissory note that would shoulder the expenses incurred due to the collision.
A criminal case for reckless imprudence resulting in multiple physical injuries and damage to property was filed before the court against the bus driver.
The MTCC denied the case for replevin filed by the bus company and its motion for reconsideration.
The Regional Trial Court likewise denied the motions prompting the bus company to elevate the case before the CA. (FREEMAN)