Case Digest (G.R. No. L-34057)
Facts:
- The case involves Tropical Homes, Inc. and Benito Lapuz.
- The case originated from a collection of a sum of money filed by Lapuz against Tropical Homes, Inc. in the Municipal Court of Makati, Rizal.
- The municipal court rendered a decision in favor of Lapuz when Tropical Homes, Inc. failed to appear.
- Tropical Homes, Inc. appealed the decision to the Court of First Instance of Rizal, Branch XI.
- During the pre-trial conference, Lapuz and his counsel did not appear.
- The court verbally dismissed the case for non-suit.
- However, in its written order, the court declared Lapuz in default and ordered Tropical Homes, Inc. to present evidence.
- Tropical Homes, Inc. pointed out the error to the court, arguing that the case should be considered as if filed directly with the Court of First Instance.
- Tropical Homes, Inc. argued that if the plaintiff fails to appear, the case may be declared non-suited and dismissed.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled in favor of Tropical Homes, Inc. and declared the ca...(Unlock)
Ratio:
- In cases of appeal from a municipal court to the Court of First Instance, when the former was not yet a court of record, a trial de novo is required.
- If the plaintiff fails to appear at the mandatory pre-trial conference, he...continue reading
Case Digest (G.R. No. L-34057)
Facts:
The case involves Tropical Homes, Inc. as the petitioner and Benito Lapuz as the private respondent, with the Honorable Delfin Flores serving as the judge of the Court of First Instance of Rizal, Branch XI. The events leading to this case began when Benito Lapuz filed a complaint for the collection of a sum of money against Tropical Homes, Inc. in the Municipal Court of Makati, Rizal, on September 30, 1969. Tropical Homes, Inc. denied the allegations in its answer dated October 22, 1969. However, due to the failure of Tropical Homes to appear during the proceedings, the Municipal Court rendered a decision in favor of Lapuz on March 17, 1970. Tropical Homes subsequently appealed this decision, which was assigned Civil Case No. 13217 in the Court of First Instance.
On October 29, 1970, during the scheduled pre-trial of Civil Case No. 13217, neither Lapuz nor his counsel appeared, while Tropical Homes was present. Respondent Judge Delfin Flores initially issued a verbal order dismissing the case for non-suit but later issued a written order declaring Lapuz in default and directing Tropical Homes to present its evidence. Tropical Homes contended that since the Municipal Court was not yet a court of record at the time of the appeal, the case should be tried de novo, and Lapuz&...