Beruflich Dokumente
Kultur Dokumente
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*FIRST DIVISION.
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third party outside the contract can have a cause of action against
either or both contracting parties.Based on the allegations in the
amended complaint, we hold that respondent stated a cause of
action for damages. Respondent was in possession of the property
supplied with electricity by petitioner when the electric service
was disconnected. This resulted in the alleged injury complained
of which can be threshed out in a trial on the merits. Whether one
is a party or not in a contract is not determinative of the existence
of a cause of action. Participation in a contract is not an element
in considering whether or not a complaint states a cause of action
because even a third party outside the contract can have a cause
of action against either or both contracting parties.
Motions ThreeDay Rule A motion for reconsideration is
fatally flawed where it fails to comply with the 3day rule under
Section 4, Rule 15 of the Rules of Court.In its petition in this
Court, petitioner insisted that respondent mailed a copy of her
motion for reconsideration (with notice of hearing) to its
(petitioners) counsel only on January 5, 2004, although the
motion was already scheduled for hearing on January 9, 2004.
Respondent should have foreseen that the registered mail, which
originated from Naga City, would not be able to reach the law
office of petitioners counsel in Manila at least 3 days before said
date. As expected, the mail did not reach petitioners counsel on
time. In fact, he received it only on the day of the hearing itself.
Thus, respondents motion for reconsideration was fatally flawed
for failure to comply with the 3day rule under Section 4, Rule 15
of the Rules of Court. It did not toll the reglementary period for
respondent to appeal the RTCs decision.
Same Same Pleadings and Practice The fact that the trial
court takes cognizance of a defective motion, such as requiring the
parties to set it for hearing and denying the same for lack of merit,
does not cure the defect of said motion.Time and again, we have
held that noncompliance with Section 4 of Rule 15 of the Rules of
Court is a fatal defect. A motion which fails to comply with said
Rule is a mere scrap of paper. If filed, such motion is not entitled
to judicial cognizance. The fact that the RTC took cognizance of a
defective motion, such as requiring the parties to set it for hearing
and denying the same for lack of merit, did not cure the defect of
said motion. It did not suspend the running of the period to
appeal.
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RESOLUTION
CORONA, J.:
This petition for review on certiorari under Rule 45 of
the Rules of Court seeks to set aside the January 5, 2005
decision1 and March 22, 2005 resolution2 of the Court of
Appeals (CA) in CAG.R. CV No. 81666.
Respondent Expedita L. Aquino bought several personal
computers and leased a commercial building in Tigaon,
Camarines Sur for purposes of establishing a computer
gaming business. She had the electrical service in the
building restored because the former tenant, a certain Mrs.
Paglinawan,3 had it disconnected when she gave up the
occupancy thereof. Respondent paid the reconnection fee as
well as the fee corresponding to the electric consumption
covering the period of April 17, 2002 to May 16, 2002 to
petitioner Camarines Sur IV Electric Cooperative, Inc. in
Mrs. Paglinawans name. However, respondent failed to
pay the electric bills in the succeeding months.
Because of adverse reports, petitioner conducted an
inspection of the electrical wiring of the leased building,
took pic
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7Ilano v. Espanol, G.R. No. 161756, 16 December 2005, 478 SCRA 365,
372.
8Banco Filipino Savings and Mortgage Bank v. Court of Appeals, G.R.
No. 143896, 8 July 2005, 463 SCRA 64, 73 and Abacan, Jr. v.
Northwestern University, Inc., G.R. No. 140777, 8 April 2005, 455 SCRA
136, 147, citing Peltan Development, Inc. v. Court of Appeals, 336 Phil.
824, 83334 270 SCRA 82 (1997).
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