Case Digest (G.R. No. 202967)
Facts:
- Alicia Y. Laurel, represented by her heir Juan Miguel Y. Laurel, filed a complaint against Ferdinand M. Vardeleon.
- The complaint was for recovery of possession and ownership, and for quieting of title regarding a 20,306-square meter island in Caticlan, Malay, Aklan.
- The case was assigned to the Regional Trial Court (RTC) of Kalibo, Aklan, under Civil Case No. 7249.
- Vardeleon denied the allegations, claiming he purchased the island from Avelina Casimero in 1973 and accused Laurel of laches for delaying her claim.
- Several hearings were scheduled for evidence presentation on September 7, October 12, and November 23, 2005.
- On September 2, 2005, Laurel's counsel requested to reschedule the September 7 hearing to October 12, which the court granted with conditions.
- During the October 12 hearing, Laurel sought to postpone the trial due to unresolved motions and absence of her primary counsel, but the RTC denied the request and dismissed the case for failure to prosecute.
- Laurel's motion for reconsideration was denied, and her appeal to the Court of Appeals (CA) was affirmed, with the CA's decision issued on October 13, 2011, and a motion for reconsideration denied on June 20, 2012.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted the petition, reversing the decisions of the Court of Appeals and the RTC.
- The dismissal of Civil Case No. 7249 was set ...(Unlock)
Ratio:
- The Supreme Court stated that the key test for failure to prosecute is whether the plaintiff lacked due diligence in pursuing the case.
- The Court noted that the petitioner had actively participated in hearings and sought to present evidence, indicating no unwillingness to prosecute.
- The trial court erred in dismissing the case after only two hearings, especially since three hearings had been agreed upon during pre-trial.
- The request for a continuance was deemed reasonable due to the petitioner's advanced age and the case's circumstances.
- The trial...continue reading
Case Digest (G.R. No. 202967)
Facts:
The case involves Alicia Y. Laurel, who was substituted by her sole heir and legal representative, Juan Miguel Y. Laurel, as the petitioner against Ferdinand M. Vardeleon, the respondent. The events leading to this case began on July 23, 2004, when Alicia Y. Laurel filed a complaint for recovery of possession and ownership, as well as for quieting of title, concerning a 20,306-square meter island located in Caticlan, Malay, Aklan. This complaint was assigned to the Regional Trial Court (RTC) of Kalibo, Aklan, under Civil Case No. 7249. The respondent, Ferdinand M. Vardeleon, denied the allegations in the complaint, asserting that he purchased the island from Avelina Casimero on April 9, 1973, and claimed that the petitioner was guilty of laches for delaying her claim.
The trial court scheduled several hearings for the presentation of evidence, specifically on September 7, October 12, and November 23, 2005. However, on September 2, 2005, the petitioner’s counsel requested to reset the September 7 hearing to October 12, which the court granted, provided that the petitioner would cover the transportation and appearance fees of the respondent's counsel. On October 12, 2005, during the scheduled hearing, the petitioner sought to postpone the trial, citing unresolved motions and the absence of her primary counsel. The trial court denied this request and dismissed the case for failure to prosecute, as the petitioner had not presented e...