Title
Victorina A. de Gaerlan and Salvador Gaerlan vs. Carmen Bernal, Ramon Bernal and Maria Villongco
Case
G.R. No. L-4039
Decision Date
Jan 28, 1952
Tenants failed to pay rent and electric bills, leading to an ejectment suit. Their attorney's absence at trial was deemed inexcusable, and their motion for a new trial was denied due to lack of valid defense.

Case Summary (G.R. No. L-4039)

Procedural History

The Municipal Court ruled in favor of the Gaerlans, prompting the defendants to appeal to the Court of First Instance of Manila. In this appellate court, the hearing occurred in the absence of the defendants and their counsel, leading to a judgment favorable to the Gaerlans, which included the payment of P5,013.33 in total damages with legal interest and costs. The defendants had vacated the premises on March 11, 1948, which rendered the need for a vacate order unnecessary.

Rental Agreements and Debts

The rental agreement stipulated a monthly rental rate of P700.00. The defendants were in occupation of the premises from August 1947 until March 11, 1948, during which they failed to meet their rent obligations, resulting in a calculated debt of P5,013.33, which included unpaid rent for six months as well as unpaid electric bills.

Appeal and Motion for New Trial

Following the ruling of November 4, 1948, the defendants' failure to attend the hearing led them to file a motion for a new trial, citing excusable negligence due to the illness of their attorney’s father and child. The motion was denied by the presiding judge, leading to the current appeal which focuses primarily on the denial of that motion.

Legal Analysis of Excusable Negligence

The appellate court addressed the notion of excusable negligence, stating that while it sympathizes with the personal circumstances of the defendants’ attorney, there are established legal pathways for such situations, such as requesting a postponement or having alter

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