G. R. No. 40550. September 22, 1934
DIEGO TAGABUMA, PLAINTIFF AND APPELLANT, VS. ANGELA GUZMAN ET AL., DEFENDANTS AND APPELLEES.
HULL, J.:
This action was instituted in the Court of First
Instance of Isabela for reivindicacion of certain parcels of
farm land and for damages for their unlawful detention.
Shortly after plaintiff had begun to introduce his
witnesses, his attorney asked for a continuance on the ground of
sickness, whereupon the court denied the motion for a continuance and
stated that in its opinion the statute of limitation had run and
dismissed the complaint. Whereupon this appeal was brought, and the
second assignment of error reads:
“II. The lower court erred in dismissing the plaintiff’s
complaint at such stage of the proceedings, when only one of the five
witnesses of the plaintiff has testified.”
At the time the court acted, there was no motion before it, and
plaintiff by the action of the court was prevented from presenting his
case. After issue has been duly joined, plaintiff is entitled to that
right.
Seldom does departure from orderly procedure bring
satisfactory results. In the instant case the second assignment of error
must be sustained.
The orders appealed from are reversed and vacated
and the record is remanded to the court below to continue the trial on
its merits. Costs against appellees. So ordered.
Avancena, C. J., Street, Vickers, and Diaz,
JJ., concur.