Case Digest (G.R. No. 208424)
Facts:
Armando Lagon v. Hon. Dennis A. Velasco, in his capacity as Presiding Judge of Municipal Trial Court in Cities of Koronadal, South Cotabato, and Gabriel Dizon, G.R. No. 208424, February 14, 2018, Second Division, Reyes, Jr., J., writing for the Court.Petitioner Armando Lagon (Lagon) borrowed Php 300,000 from private respondent Gabriel Dizon (Dizon) in December 2000 and gave a postdated check which was later dishonored for insufficiency of funds. Dizon sent demand letters (one dated March 23, 2010 and another dated May 6, 2011, both sent through JRS Express) and, after Lagon refused payment, filed a complaint for sum of money, damages, and attorney’s fees on June 6, 2011.
Procedurally, Lagon moved to dismiss on prescription grounds (Oct. 8, 2011), and later answered on February 29, 2012 claiming he had paid the loan. During pre-trial the trial court directed pre-trial briefs and issued a Pre-Trial Conference Order on August 9, 2012. At the initial trial on June 6, 2013, neither party submitted judicial affidavits; the presiding judge, Hon. Dennis A. Velasco, issued an order requiring parties to file judicial affidavits of their witnesses five days before trial and imposed fines and reimbursement for the plaintiff’s failure to submit in due time.
Lagon received the order on June 26, 2013 and filed a Motion for Partial Reconsideration on June 27, 2013, arguing that Section 2 of the Judicial Affidavit Rule (promulgated in A.M. No. 12-8-8-SC) unconstitutionally compelled him to present his evidence before the plaintiff rested and thus violated his right not to be compelled to adduce evidence (invoking the demurrer-to-evidence...(Subscriber-Only)
Issues:
- Does Section 2 of the Judicial Affidavit Rule, which requires the filing of judicial affidavits and documentary evidence not later than five days before pre-trial or scheduled hearing, violate a defendant’s right to due process by effectively forcing him to present evidence before the plaintiff...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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