THE Court of Appeals has affirmed the dismissal of the P30-million damage suit filed by a businesswoman against Ayala-owned real estate developer, Alveo Land Corporation, as well as one of the country’s top construction companies and a gas supplier in connection with the 2013 explosion at Two Serendra residential condominium in Taguig which left four persons dead.
The petitioner claimed that she and her counsel did not receive a formal order to appear before the court other than a text message from the court staff that the case was set for pretrial on September 14, 2017. Cayton insisted that she should have not been faulted for failing to attend the pretrial and submit her pretrial brief due to lack of official communication from the court.
However, the CA admitted that in some instances, the non-appearance of a party may be excused, subject to the sound discretion of the judge. “It is more than a simple marking of evidence. It is not a mere technicality in court proceedings, for it serves a vital objective: the simplification, abbreviation, and expedition of the trial, if not indeed its dispensation. Hence, it should not be ignored or neglected, as the petitioner had,” the CA added.
She named Alveo Land, Makati Development Corporation and Bonifacio Gas Corporation as respondents in her civil suit.
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