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[G.R. No. 147857.July 25, 2001]

ALMOJUELA et al. vs. GONZAGA

FIRST DIVISION

Gentlemen :

Quoted hereunder, for your information, is a resolution of this Court dated JUL 25 2001.

G.R. No. 147857(Darius Almojuela and Joel Noguera, petitioners vs. Josephine, Gonzaga, respondent.)

The motion of petitioners for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED , counted from the expiration of the reglementary period.

Petitioners seek a review of the Decision of the Court of Appeals dated January 15, 2001 and the Resolution of the same court dated April 23, 2001 denying petitioners' motion for reconsideration.

The case stems from a vehicular collision along the Maharlika Highway, Guinobatan, Albay in the afternoon of March 23, 1990, which resulted in the death of Manuel Gonzaga, allegedly the husband of herein respondent Josephine Gonzaga.

The evidence for the parties as well as the procedural antecedents are summarized by the Court of Appeals as follows:

Evidence for the plaintiff-appellee tells the following story: In the place, date and time mentioned above, Manuel Gonzaga was driving his Volkswagen car southward along Maharlika highway towards Legaspi City while the passenger bus driven, by defendant-appellant Joel L. Noguera bus (sic) was running on (sic) the opposite direction. As the Volkswagen car was negotiating the left turning curve of the road, the passenger bus which was traveling at a fast speed on (sic) the 'opposite direction suddenly swerved to the left thereby crossing the Maharlika highway and the path of the Volkswagen car. To avoid being hit by the bus, the Volkswagen car went off the highway and veered to the right. However, instead of yielding, the bus continued in its course and turned to the left even more. Thus, both vehicles went off the highway and collided on the shoulder of the road. The right front portion of the passenger bus hit the left middle portion (driver side) of the Volkswagen car. The Volkswagen car was severely damaged (Exhibit B, C and D).

As a result of the vehicular mishap; Manuel Gonzaga died due to "Respiratory Distress Syndrome; Massive lung contusion, left lung" (Exhibit I). The incident was reported to the police authorities of Guinobatan, Albay and a corresponding. "Traffic Accident Sketch" (Exhibit A) was made showing the positions of the vehicles after the impact.

For their part, defendant-appellants contend that it was the driver of the Volkswagen car that was at fault. Their evidence was to this effect: A passenger had just alighted from the bus and so it was running slowly as it turned left at the junction of Maharlika highway toward the town proper of Guinobatan, Albay. When it was already on the left side of the road, appellant Noguera saw the oncoming Volkswagen car running at a fast speed from the opposite direction. To avoid a collision, appellant Noguera slowed, down the bus but the Volkswagen car followed and bumped the passenger bus. As a result, the two vehicles collided at the shoulder of the road.

On February 14, 1991, plaintiff-appellee Josephine M. Gonzaga filed the present Complaint for Damages against defendant-appellants. The case was docketed as Civil Case No. RTC 91-2261. On April 8, 1991, defendant-appellants filed their Answer with Counterclaim admitting, among others, that plaintiff-appellee was the surviving spouse of deceased Manuel Gonzaga. . Furthermore, they alleged that it was the negligence of the driver of the Volkswagen car which was the proximate cause of the collision. During the trial, specifically on October 31, 1991, plaintiff-appellee Gonzaga filed an Amended Complaint stating that her real name is Josefina M. Gonzaga although she was fondly called by her friends as "Josephine" or "Josie". On March 2, 1992, defendant-appellants filed their Amended Answer, this time denying that plaintiff-appellee is the "surviving spouse of the late Manuel Gonzaga." Trial ensued in due course.

After trial and on May 31, 1994, the Regional Trial Court of Naga City, Branch 21, rendered a Decision awarding the total amount of P409,704.65 in favor of plaintiff-appellant Gonzaga itemized as follows:

"1. For actual" and compensatory damages:

a. medical ,and hospitalization

(Exhs. P, P-1to P-1)���������������������������������������������������������������� P29,162.64

b. funeral and tomb expenses

(Exhs. Q, Q-l to Q-16)

P 127,242.02 less P46,700.00������������������������������������������������� 80,542.01

c. death compensation������������������������������������������������������������� 50,000.00

d. lost income�������������������������������������������������������������������������� 175,000.00

e. attorney's fees and litigation

expenses��������������������������������������������������������������������������������� 25,000.00

"2. For moral damages������������������������������������������������ 50,000.00

����������������������������������������������������������� TOTAL����������������������� P409,704.65" 1 Rollo , pp. 17-18.

Upon appeal by Almojuela and Noguera, the Court Appeals affirmed the decision of the RTC, except that the amount of damages was reduced to P359,704.65 in view of the finding that there was contributory negligence on the part of the deceased.

In the instant petition, Almojuela and Noguera maintain that respondent has no cause of action against them because the latter is not the wife of the deceased Manuel Gonzaga. The Court, however, finds no reason to reverse the ruling of the Court of Appeals on this score, the same being in accord with the law and jurisprudence:

xxx appellants presented a certification (Exhibit 5) from the Local Civil Registrar of Bayombong, Nueva Vizcaya which states that the Book of Marriage for the months of September 1982 to December 1983, the names of Manuel Gonzaga and Josefina Umali Magallanes do not appear. They presented another certification (Exhibit 7) from the Evangelical Church of Bayombong stating that the Gonzaga/Magallanes wedding on September 16, 1982 could not have been solemnized in that church because it was not yet existing at that time.

But alas, appellants' attempt to prove that Manuel Gonzaga and appellee Josefina M. Gonzaga were not legally married collides with their judicial admission that they were indeed man and wife. Thus, in paragraph 1 of the Answer (Exhibit 5-1) to the original Complaint, they admitted paragraph 2 of the Complaint which alleged that "2) - Plaintiff is the surviving spouse of the late Manuel Gonzaga". Though the original Answer was subsequently amended, yet plaintiff-appellee offered in evidence said paragraph 1 of the original Answer as Exhibit 5-1 to prove the judicial admission. Appellants' subsequent denial in their Amended Answer could not suppress a previously made judicial admission. Section 8, Rule 10 of the Rules of Civil Procedure specifically states that "admissions in, superseded pleadings may be received in evidence against the pleader". In fact, the pre-trial Order of the trial court dated July 11, 1991, the issue of whether or not plaintiff-appellee was the surviving spouse of Manuel Gonzaga was not mentioned.

Withal, the absence of a record of marriage in the marriage registry does not conclusively prove the inexistence of said marriage. (People v. Borromeo, 133 SCRA 106). The same is true with the church records of marriage - the absence of the record of marriage of a couple does not destroy the presumption that a man and a woman who are living together as husband and wife have entered into a legal contract of marriage (Sison vs. Ambalada, 30 Phil. 1 18). 2 Id ., at 19-20.

IN VIEW OF THE FOREGOING, the Court Resolved to DENY the petition for lack of merit. DAVIDE, JR., C.J., is on official leave.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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