Case Digest (G.R. No. L-30247)
Facts:
The case of Victor H.M. Gutierrez vs. Honorable Numeriano Estenzo, Judge, and Rolando Feliciano and Jose T. Nery (G.R. No. L-30247), was decided on January 31, 1972. It began when Victor H.M. Gutierrez (the petitioner) filed an action for forcible entry against Rolando Feliciano and Jose T. Nery (the respondents) in the City Court of Olongapo regarding their occupancy of a parcel of land located in Upper Kalaklan, Olongapo City. The City Court ruled in favor of Gutierrez, ordering Feliciano and Nery to vacate the property, demolish any structures they had built, and pay Gutierrez a monthly rental of P200 for their occupation of the land from the date of illegal entry until possession was restored. The decision was appealed to the Court of First Instance of Zambales, under Civil Case No. 366-O.
The pre-trial conference for the appeal was initially scheduled for September 26, 1968, but was postponed due to the defendants' absence. Subsequently, the pre-trial was rescheduled f
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Case Digest (G.R. No. L-30247)
Facts:
- Initial Case in City Court: Petitioner Victor H.M. Gutierrez filed a forcible entry case (Civil Case No. 384) against private respondents Rolando Feliciano and Jose T. Nery in the City Court of Olongapo. The court ruled in favor of Gutierrez, ordering the respondents to vacate the land, demolish their building, and pay P200.00 monthly for the illegal occupation.
- Appeal to Court of First Instance: The respondents appealed the decision to the Court of First Instance of Zambales (Civil Case No. 366-O). The case was set for pre-trial on September 26, 1968, but was postponed due to the respondents' absence. It was rescheduled for December 11, 1968.
- Failure to Appear at Pre-Trial: On December 11, 1968, the petitioner and his counsel failed to appear at the pre-trial. The respondents moved for dismissal, and the court granted the motion, dismissing the case.
- Motion for Reconsideration: The petitioner filed a motion for reconsideration, explaining that his absence was due to his father being on the verge of death in Macabebe, Pampanga. The court denied the motion on February 6, 1969.
- Petition for Certiorari: The petitioner filed a petition for certiorari, arguing that the dismissal was a grave abuse of discretion and seeking to nullify the dismissal order and proceed with the trial on the merits.
Issues:
- Whether the trial court committed grave abuse of discretion in dismissing the case due to the petitioner's failure to appear at the pre-trial conference.
- Whether the petitioner's excuse for non-appearance was valid and sufficient to justify reconsideration of the dismissal order.
- Whether the trial court exhibited partiality in handling the absences of the parties during the pre-trial hearings.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)