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[G.R. No. 152040. January 12, 2004]

MARIKINA AUTOLINE vs. VALDELLON

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 12 2004.

G.R. No. 152040 (Marikina Autoline Transport Corporation, et al. vs. Erlinda v. Valdellon.)

Before this Court is an "Urgent Ex-Parte Petition To Allow Petitioner Freddie Suelto y Liwag to Travel Abroad."

The consolidated cases below involve an action for reckless imprudence resulting in damage to property and damages against the petitioner Freddie Suelto y Liwag, bus driver of the Marikina Auto Line Transport Corporation, docketed as Criminal Case No. Q-93-42629 and Civil Case No. Q-93-16051. The bus driven by the petitioner struck down a two-door apartment of the complainant located at No. 31 Kamias Road, Quezon City.

On April 28, 1994, the Regional Trial Court of Quezon City, Branch 104, convicted the petitioner of the crime of Reckless Imprudence Resulting in Damage to Property. The petitioner was also adjudged civilly liable for damages in the amount of P150,000.00, as reasonable compensation for the damaged property; P20,000.00, as compensatory and exemplary damages; and P20,000.00 as attorney's fees.

On appeal to the Court of Appeals, the appellate court rendered judgment on June 20, 2000, affirming the conviction with the modification that the sum of P150,000.00 as compensation sustained by the plaintiff-appellee for her damaged apartment be reduced to P100,000.00. The petitioner's motion for reconsideration of the decision was, likewise, denied in the appellate court's January 25, 2002 Resolution.

Hence, the instant petition assailing the June 20, 2000 Decision of the Court of Appeals. Pending resolution of the petition, the petitioner filed before the Court, on August 6, 2003, an "Urgent Ex-Parte Petition to Allow Petitioner Freddie Suelto y Liwag to Travel Abroad."

In its comment to the motion, the Office of the Solicitor General reiterated its position before the appellate court that the correct penalty for the crime was merely a fine "ranging from an amount equal to the value of said damage to three times such value, but which shall in no case be less than 25 pesos." Accordingly, the Office of the Solicitor General proffered no objection to the petitioner's motion for leave to travel abroad.

WHEREFORE, the Court RESOLVES to GRANT the petitioner's urgent ex-parte petition to be allowed to travel abroad upon posting of a bond in the amount of P200,000.00 and to report to this Court his return to the country within ten (10) days from date of arrival.

Very truly yours,

(Sgd.) LUDICHI YASAY-NUNAG

Asst. Div. Clerk of Court

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