MARIANO B. ARROYO, PLAINTIFF AND APPELLEE, VS. HOSPITAL DE SAN PABLO, DEFENDANT AND APPELLANT.

PERFECTO, J.:


On August 19, 1946, defendant and appellant filed a motion for new trial for
the purpose of presenting the entire transcript of the testimony in the case of
Dolores Vasquez toroyo vs.

Mariano B. Arroyo, No. 9031 of the Court of
First Instance of Iloilo, or so much thereof as is pertinent, alleging that it
is a newly discovered evidence on the existence of which appellant was notsware
prior to the trial in the lower court, and that said evidence contradicts
plaintiff and appellee’s claim for salaries from May, 1911, to May, 1945, in the
amount of P241,600, and which is of such a character as probably will change the
result. Plaintiff-appellee opposed the motion.

Section 2 of Rule 55 indicates the procedure that may be followed in
disposing of the motion.

“SEC. 2. Hearing and Order.— The motion, with the evidence, shall be
heard with the record on appeal. The Court of Appeals shall consider the new
evidence together with that adduced on the trial below, and may grant or refuse
a new trial, or may make such order, with notice to both parties, as to taking
further testimony, either orally in court, or by depositions, or render such
other Judgment as ought, in view of the whole case, to be rendered, to be
rendered, upon stich terms as it may deem just.”

Upon deliberation on the allegations and arguments of both parties, and on
the nature of the new evidence that defendant-appellant proposes to present, the
Court arrived at the conclusion that, to better serve the interest of justice
without any unnecessary delay, the defendant-appellant be granted the
opportunity to present said evidence, so the same may be taken into
consideration when this appeal is submitted for our decision, without the
necessity of setting aside in the meantime the appealed decision.

It is resolved to order the lower court to set this oase for hearing as soon
as practicable in order that defendant and appellant may present the transcript
of the testimony in Civil Case No. 9031 of the Court of First Instance of
Iloilo, entitled Dolores Vasquez Arroyo vs. Mariano B. Arroyo, or so
much thereof as is pertinent to this case, with the right of plaintiff-appellee
to present such rebuttal evidence is pertinent, and as soon as possible to
transmit said evidence to this Gourt, The time within which appellant must
submit his brief is suspended pending receipt by this Court of said
evidence.

Moran, C.J., Feria, Pablo, Hilado, Bengzon, Briones, Padilla, and
Tuason, JJ., concur.

PARAS, J.:

I vote to consider the motion for a new trial when the case is decided on the
merits.