Title
The California Manila Lumber Commercial Co. vs. Garchitorena
Case
G.R. No. 1384
Decision Date
Oct 29, 1903
Plaintiff sued defendant for unpaid lumber; defendant failed to appear at trial, judgment entered. Appeal denied due to insufficient evidence record and no abuse of discretion in denying motion to set aside judgment.
excusable negligence
mistake
judgment
A

Case Digest (G.R. No. 1384)

Facts:

  • Parties and Nature of the Case
    • The plaintiff is the California-Manila Lumber Commercial Company.
    • The defendant is Jose Garchitorena.
    • The action was instituted to recover 1,192 pesos for lumber furnished by the plaintiff to the defendant.
  • Procedural Background and Trial
    • A general denial was filed by the defendant in its answer.
    • The trial was scheduled for April 6, 1903.
    • The defendant failed to appear on the appointed day, leading to a trial proceeding solely with the plaintiff presenting its proofs.
    • On the same day of the trial, a decision was reached and judgment was entered against the defendant for the full amount claimed.
  • Post-Judgment Motions and Allegations
    • On April 14, 1903, the defendant moved the court to set aside the judgment on two grounds:
      • The non-notification of the trial date due to the neglect of one of his lawyers.
      • The existence of an alleged agreement with the plaintiff’s lawyer for an out-of-court settlement.
    • The plaintiff’s lawyer countered with an affidavit denying the existence of any such settlement agreement.
  • Denial of the Motion and Subsequent Proceedings
    • The defendant’s motion to set aside the judgment was denied on April 21, 1903.
    • The judgment of April 6, 1903, was thus confirmed.
    • The defendant subsequently filed exceptions to the judgment, although the record indicates no additional exceptions beyond those raised.
  • Assignments of Error Raised on Appeal
    • The first two assignments of error concerned the sufficiency of the evidence:
      • It was noted that none of the evidence introduced at trial was reflected in the bill of exceptions.
      • There was no accompanying motion for a new trial on the basis that the decision was unsupported by the evidence.
      • Section 497 of the Code of Civil Procedure prohibits adjudication on these evidentiary questions under the circumstances.
    • The third assignment of error addressed the trial judge’s order refusing to set aside the judgment:
      • The defendant cited sections 145, No. 1, and 146 of the Code of Civil Procedure.
      • The record did not clearly show that the appellant had excepted to this specific order.
      • The appellate court proceeded on the assumption that an exception was indeed filed regarding this order.

Issues:

  • Sufficiency of the Evidence Raised in the Assignments of Error
    • Whether the evidence presented at trial, which is not contained in the bill of exceptions, was sufficient to justify the judgment.
    • The admissibility of raising evidentiary issues on appeal without a corresponding motion for a new trial.
  • Validity of the Order Denying the Motion to Set Aside the Judgment
    • Whether the trial judge’s refusal to set aside the judgment, based on the alleged non-notification of the trial date and the purported settlement, was proper.
    • Whether the order is subject to an exception despite the provisions of sections 145, No. 1, and 146 of the Code of Civil Procedure.
  • Abuse of Discretion in the Denial of the Motion to Set Aside
    • Whether the trial court abused its discretion in denying the defendant’s motion to set aside the judgment.
    • The scope of appellate review regarding orders under section 146 that refuse to set aside judgments.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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