Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1946 > September 1946 Decisions > G.R. No. L-659 September 30, 1946 - MARIANO B. ARROYO v. HOSPITAL DE SAN PABLO

077 Phil 450:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-659. September 30, 1946.]

MARIANO B. ARROYO, Plaintiff-Appellee, v. HOSPITAL DE SAN PABLO, Defendant-Appellant.

W. E. Greenbaum and Luis G. Hofilena, for Appellant.

Cirilo Mapa, Jr., for Appellee.

SYLLABUS


1. COURTS; COURT OF APPEALS; MOTION FOR NEW TRIAL; CASE AT BAR. — Under the facts stated in the opinion, and without in the meantime setting aside the appealed decision, the lower court was declared to set this case for hearing as soon as practicable in order that defendant and appellant may present the transcript of the testimony in civil case No. 9031 of the Court of First Instance of Iloilo, entitled Dolores Vasquez Arroyo v. Mariano B. Arroyo, or so much thereof as is pertinent to this case, with the right of plaintiff and appellee to present such rebuttal evidence as is pertinent, and as soon as possible to transmit said evidence to this court, at the same time suspending the period for filing appellant’s brief


R E S O L U T I O N


PERFECTO, J.:


On August 19, 1946, defendant and appellant filed a motion for new trial for the purpose of presenting the entire transcript of the testimony in the case of Dolores Vasquez Arroyo v. Mariano B. Arroyo, No. 9031 of the Court of First Instance of Iloilo, or so much thereof as is pertinent, alleging that it is a newly discovered evidence on the existence of which appellant was not aware prior to the trial in the lower court, and that said evidence contradicts plaintiff and appellees claim for salaries from May, 1911, to May, 1945, in the amount of P241,600, and which is of such a character as probably will change the result. Plaintiff and appellee opposed the motion.

Section 2 of Rule 55 indicates the procedure that may be followed in disposing of the motion.

"SEC. 2. Hearing and order. — The motion, with the evidence, shall be heard which the record on appeal. The Court of Appeals shall consider the new evidence together with that adduced on the trial below, and may grant or refuse a new trial, or make such order, with to both parties, as to taking further testimony, either orally in court, or by depositions, or render such other judgment as ought, in view of the whole case, to be rendered, upon such terms as it may deem just."cralaw virtua1aw library

Upon deliberation on the allegations and arguments of both parties, and on the nature of the new evidence that defendant and appellant proposes to present, the court arrived at the conclusion that, to better serve the interest of Justice without any unnecessary delay, the defendant and appellant be granted the opportunity to present said evidence, so the same may be taken into consideration when this appeal is submitted for our decision, without the necessity of setting aside in the meantime the appealed decision.

It is resolved to order the lower court to set his case for hearing as soon as practicable in order that defendant and appellant may present the transcript of the testimony in civil case No. 9031 of the Court of First Instance of Iloilo, entitled Dolores Vasquez Arroyo v. Mariano B. Arroyo, or so much thereof as is pertinent to this case, with the right of plaintiff and appellee to present such rebuttal evidence as is pertinent, and as soon as possible to transmit said evidence to this court. The time within which appellant must submit his brief is suspended pending receipt by this court of said evidence.

Moran, C.J., Feria, Pablo, Hilado, Bengzon, Briones Padilla and Tuason, JJ., concur.




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