M-1N - Payroll Summary for [period ending] November 1986O - Payroll Summary for [period ending] December, 1986Philtranco answered that the Inland bus with Plate No. EVB-508 (which had transported petitioners) wasregistered and owned by Inland; that its driver, Calvin Coronel, was an employee of Inland; that Philtranco wasmerely leasing its support facilities, including the use of its bus tickets, to Inland; and that under their Agreement,Inland would be solely liable for all claims and liabilities arising from the operation of said bus. Philtranco furtheralleged that, with respect to its own bus (which bumped the Inland bus), it exercised the diligence of a good fatherof a family in the selection and supervision of its drivers, and that the proximate cause of the accident was thenegligence of either the cargo truck or the Inland bus which collided with said cargo truck.Inland answered that, according to the Police Report, it was Apolinar Miralles, the driver of the Philtanco bus,who was at fault, as shown by his flight from the situs of the accident; that said bus was registered and owned byPhiltranco; and that the driver of the Inland bus exercised extraordinary diligence as testified to by itspassengers. Inland and Philtranco filed cross-claims against each other.Both respondents moved to submit the case for decision without presenting further evidence. Consequently,the trial court, in its Order dated July 5, 1989, resolved:When this case was called for continuation of presentation of plaintiffs evidence, over objections from counsels for defendants, plaintiffs counsel was allowed to recall his first witness, Renato S. Ong, for some additional direct questions[;] and after cross-examination by defendant Inland Trailways, Inc., adopted by defendant Philtranco Service Enterprise, Inc., plaintiff presented his second witness, [Francia] Ong, whose testimony on direct, cross and redirect was terminated[;] and as prayed for, counsel for the plaintiffs shall have five (5) days from today within which to submit his formal offer of evidence, furnishing copies thereof to defendants who shall have five (5) days from their receipt within which to submit comments after which the same shall be deemed submitted for resolution.By agreement, considering the stipulations of parties made of record regarding factual issues except as to whether or not the bus is included in the lease, counsels for the two (2) defendants are given a period of ten (10) days from today within which to submit simultaneous offer[s] of admission and denials not only on the above exception but onany other relevant matter.Considering that the documents are admitted, there is no necessity of any formal written offer of evidence and, therefore, after all the foregoing, the case shall be deemed submitted for decision upon simultaneous memoranda of the parties and upon submission of complete transcripts.
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- Fall '16
- Appellate court, Trial court, FRANCIA N. ONG