This case has been cited 1 times or more.
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2005-05-16 |
CALLEJO, SR., J. |
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| The petitioner submits the ruling of this Court in Pajarito v. Seneris[14] and Miranda v. Malate Garage & Taxicab, Inc.,[15] that "the decision of the trial court convicting the employee is binding and conclusive upon the employer not only with regard to the civil liability but also, with regard to its amount," should not apply to it. It avers that unlike in Pajarito and Miranda, the counsel of the accused therein was given ample opportunity to defend the accused during the trial and on appeal in the CA. The petitioner laments that in this case, the counsel it provided to defend the accused was remiss in the performance of his duties and failed to notify it of the RTC decision, the November 10, 2000 Resolution of the CA, as well as the June 5, 2001 Order of the RTC; consequently, it was not apprised of its civil liability to the heirs of the deceased, thus depriving the petitioner of its right to due process. It avers that it was only on account of its own diligence that it discovered the decision of the RTC, the November 10, 2000 Resolution of the CA and the June 5, 2001 Order of the RTC. | |||||