₧30-M suit over Serendra blast

T he 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.

S he added that her counsel had a valid ground to be excused at the pretrial due to a conflict of schedule in a case that the latter was handling in Tarlac City.

C ayton said the postponement of the proceedings was also sought to give time for the court to rule on her motion to consolidate.

C ayton 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.

I n denying Cayton’s appeal, the CA noted that Sections 4 and 5, Rule 18 of the Rules of Court clearly provides that “it is obligatory upon parties to appear at the pretrial conference.”

“If the absent party is the plaintiff, then he or she may be declared non-suited and his or her case will be dismissed,” the CA said.

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. “ Thus, unless and until the judge commits a clear and manifest abuse of discretion, his or her appreciation of a party’s reasons for his or her non-appearance will not be disturbed,” the CA said.

A lthough the Rules of Court should be applied with reason and liberality, the CA said, pretrial setting cannot be taken for granted.

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.

Cayton is the owner of 501B which was badly damaged due to the explosion which investigators attributed to gas leaks caused by “unauthorized movement” of a gas range during repairs, and “negligence” of parties concerned.

Among those killed was Angelito San Juan, who was a tenant at Cayton’s unit when the incident occurred on May 31, 2013.

S he named Alveo Land, Makati Development Corporation and Bonifacio Gas Corporation as respondents in her civil suit. T he CA earlier directed the trial court to proceed with the trial of the damage suit filed by Cayton after it affirmed the decision of the Taguig RTC denying the respondents’ motion seeking dismissal of the complaint.

A lveo Land, MDC and Bonifacio Gas sought the dismissal on the ground that it failed to state a cause of action against them considering that under Article 2179 of the Civil Code, the petitioner cannot claim for damages since she herself was the proximate cause of her injury.

The petitioners cited the interagency task force report which held that the proximate cause of the gas leak was the unauthorized movement of the gas range in Cayton’s unit during its renovation.

However, the CA declared that it’s the respondents’ negligence that led to the explosion.

T he CA noted that petitioners’ introduction of a new, highly sensitive LPG system in Two Serendra for the use of their tenants in their individual units without providing sufficient safeguards to prevent “occasional negligence” is still “an act of actionable negligence” despite the intervening acts on the part of Cayton and those that conducted the renovation of her unit.

I ndeed, more than half of Filipino millennials (58 percent) and Gen Zs (59 percent) admit to living paycheck to paycheck and worry they won’t be able to cover their expenses. Their peers around the world aren’t faring any better: 52 percent of global millennials and 51 percent of global Gen Zs are in the same boat.

A nd if the economy does not improve in the next 12 months, 6 out of 10 Filipino millennials and Gen Zs believe it will become harder or impossible for them to get a new job.

T his need to supplement their paycheck appears to be having a negative impact on these young workers: 66 percent of Filipino millennials (compared to 63 percent last year) and 81 percent of Filipino Gen Zs (compared to 70 percent last year) feel burned out due to the intensity and demands of their workloads. As with last year, more Filipino millennials (49 percent) and Gen Zs (63 percent) report feeling anxious or stressed all or most of the time compared to their global peers.

E ric Landicho, Managing Partner and CEO of Deloitte Philippines, shared his take on the findings: “These results reflect the economic uncertainty millennials and Gen Zs find themselves in as the world continues to recover from the global pandemic. And while these young workers are leaning on their resourcefulness to stay afloat, organizations can play a big part in ensuring the financial well-being of their employees. Especially during this period of high inflation, organizations can look at offering flexible benefits such as those relating to health care or commuting costs to ease the impact of soaring prices on workers.”

O rganizations can also provide support in caring for the mental health of employees. On this front, it appears Philippine companies have taken to heart the lessons learned during the height of the pandemic. Nearly 80 percent of Filipino millennials (78 percent) and Gen Zs (79 percent) either agree or strongly agree with the statement, “My employer takes the mental health of employees seriously and has policies/resources designed to help.” And more than 80 percent (87 percent for Filipino millennials, 82 percent for Filipino Gen Zs) acknowledge that an increased focus on mental health at work has led to positive changes within their workplaces.

Editor: Jennifer A. Ng