G. R. No. 40560. 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 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.