G. R. No. 12380. September 23, 1958
APOLINARIO VALERIO, PLAINTIFF AND APPELLANT, VS. HON. SECRETARY OF AGRICULTURE AND NATURAL RESOURCES, ET AL., DEFENDANTS AND APPELLEES.
PARAS, C.J.:
the Court of First Instance of Manila, dismissing the case for failure
of the plaintiff to appear at the trial. Notice of trial set for August
3, 1954, at 1:00 o’clock p.m. was received by the plaintiff only on
August 2, 1954, at 3:40 o’clock p.m. At 5:55 o’clock in the same
afternoon of August 2, his attorney filed a motion for postponement,
alleging that he had another trial on August 3 in Norzagaray, Bulacan.
Still, the lower court dismissed the case, making no mention of
plaintiff’s motion to postpone.
It is true that the plaintiff and his counsel failed to appear
at the trial; but this failure, the records show, was due to the fact
that plaintiff’s attorney had another case in Norzagaray, Bulacan, on
the same day, set previously, and that there was no sufficient notice
to give the parties opportunity to prepare for trial. The dismissal
complained of clearly deprived the plaintiff of his day in court
through no fault or negligence on his part. We have already held that
“when a party, without malice, fault, or inexcusable
negligence, is not really prepared for trial, the court would be
abusing its discretion if a reasonable opportunity is denied him for
preparing therefor and for obtaining due process of law.”
(Cing Hong So vs. Tan Boon Kong, 53 Phil. 437.)
Wherefore, the appealed order is hereby reversed and the case
remanded to the lower court for further proceedings. So ordered without
costs.
Bengzon, Padilla, Montemayor, Reyes, A., Bautista
Angelo, Concepcion, Reyes, J. B. L., and Endencia,
JJ., concur.