Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1926 > December 1926 Decisions > G.R. No. 25072 December 18, 1926 - SAN MIGUEL BREWERY v. DOMINGO LEGARDA

048 Phil 507:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 25072. December 18, 1926. ]

THE SAN MIGUEL BREWERY, plaintiff-respondent, v. DOMINGO LEGARDA, defendant-petitioner.

J. Perez Cardenas and Jose P. Osorio for Petitioner.

Judge Diaz as respondent in these proceedings in his own behalf.

SYLLABUS


1. PLEADING AND PRACTICE; MOTION FOR NEW TRIAL ON GROUND OF NEWLY DISCOVERED EVIDENCE; MOTION FOR NEW TRIAL ON FORMAL GROUND; TWO MOTIONS NEED NOT BE COMBINED IN ONE. — Where a litigant who has lost a case in a Court of First Instance desires to submit a motion for a new trial upon newly discovered evidence and also a separate motion for a new trial on formal grounds as an antecedent to an appeal, he is entitled to have the first motion disposed of before the second is submitted.

2. ID.; ID.; ID.; RUNNING OF TIME FOR SECOND MOTION SUSPENDED WHILE FIRST MOTION HELD UNDER ADVISEMENT. — The period during which a Judge of First Instance retains under advisement a petition for a new trial on the ground of newly discovered evidence should be deducted from the time allowed by law for the submission of the motion to rehear upon formal grounds which is a necessary antecedent to the right of appeal.


D E C I S I O N


STREET, J. :


This is an application for a writ of mandamus to compel Judge Anacleto Diaz, of the Court of First Instance of Manila, to sign a bill of exceptions in the case of San Miguel Brewery v. Domingo Legarda, lately tried in the sala over which said judge presides. The cause is here heard upon the answer of Judge Diaz, admitting for the most part the allegations of fact contained in the petition asserting that the bill of exceptions was not submitted accordance with the law and rules of the court and the consequently the petitioner is not entitled to have the bill of exceptions signed by the respondent judge and that the latter is not amenable to the writ of mandamus to require him to sign the same.

It appears that on February 2, 1925, the San Miguel Brewery, as plaintiff, instituted a civil action in the Court of First Instance of Manila against Domingo Legarda civil case No. 27580, for the purpose of collecting the value of twenty tubes of ammonia. Upon the trial of the cause, the court entered judgment in favor of the plaintiff to recover of the defendant the sum of P1,650, with interest, which decision was notified to the defendant on August 12, 1925. On August 29, 1925, the defendant claims to have accidentally discovered two receipts from which it appears that the defendant had in fact delivered to the Fabrica de Hielo de Manila, the predecessor in interest of the plaintiff, twenty empty ammonia tubes, being the same tubes which, with contents, had been the subject of the action. The defendant accordingly on August 29, 1925, presented a motion for a new trial in the lower court based upon this newly discovered evidence and alleging that he had not previously been able to find the receipts and that he had only found them by accident upon the date above stated, notwithstanding the fact that he had employed all care and diligence in his effort to do so. For the reasons stated the defendant asked that the judgment be set aside and a new trial granted in order that the defendant might submit such recently discovered proof. On September 30, 1925, his Honor denied said application. To this order the attorney for the defendant excepted on October 6, 1925, and on the same date he presented the usual formal motion for a new trial, based upon the grounds that the judgment was contrary to the law and not supported by the proof. On October 10, 1925, the court denied this motion also, and to this action the attorney for the defendant excepted and announced an intention to appeal to the Supreme Court. Pursuant to this announcement a bill of exceptions was presented on October 22, 1925, but the court refused to approve the same on the ground that the losing party in a civil action is not entitled to present more than one motion for a new trial, and such is the idea underlying the defense interposed in this court.

We are of the opinion that the petitioner is entitled to have his bill of exceptions signed, and the writ of mandamus must be issued as prayed.

In considering such a question as is now before us it is necessary to bear in mind the distinction between the motion for a new trial upon formal grounds which is a necessary antecedent to a review of the evidence in the Supreme Court, as contemplated in subsection 2 of section 497 of the Code of Civil Procedure and the motion for a new trial on the ground of newly discovered evidence, which is conceded to the losing party under subsection 2 of section 145 of the Code of Civil Procedure. The first motion interposed on August 29 by the defendant in the court below was without doubt an application of the kind last mentioned. The law expressly secures the right to interpose such a motion; and although, under the second paragraph of section 146 of the Code of Civil Procedure the overruling of such a motion for a new trial is not a ground for exception, nevertheless the pendency of said motion before the court had the effect of suspending the running of time; so that the period that elapsed between August 29 and October 3, the date of notification to the defendant of the order overruling the first motion, must be deducted in counting the period of thirty days within which the defendant was at liberty to present his formal motion for a new trial required as a preliminary to review of the proof in this court. When consideration is had to this circumstance it will be seen that the second motion was in time.

Furthermore, the respondent judge was in error in supposing that a litigant is absolutely limited to one motion for a new trial. It was not necessary, nor indeed desirable, that the defendant in this case should have combined the two motions in one, and as they are based upon different grounds, it was legitimate practice to postpone the interposition of the formal motion for a new trial until the court has disposed of the motion for a new trial based upon newly discovered evidence.

For the reasons stated the petition will be granted, and the respondent judge will be required to sign the bill of exceptions. It is so ordered, without costs.

Avanceña, C.J., Johnson, Malcolm, Ostrand, Johns, Romualdez and Villa-Real, JJ., concur.




Back to Home | Back to Main


chanrobles.com



ChanRobles Professional Review, Inc.

ChanRobles Professional Review, Inc. : www.chanroblesprofessionalreview.com
ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com
ChanRobles CPA Review Online

ChanRobles CPALE Review Online : www.chanroblescpareviewonline.com
ChanRobles Special Lecture Series

ChanRobles Special Lecture Series - Memory Man : www.chanroblesbar.com/memoryman





December-1926 Jurisprudence                 

  • G.R. No. 23451 December 2, 1926 - JUAN SUMULONG v. JOSEFA MORAN

    048 Phil 367

  • G.R. No. 26320 December 3, 1926 - S. W. O’BRIEN, ET AL. v. Hon. SIMPLICIO DEL ROSARIO, ET AL.

    049 Phil 657

  • G.R. No. 25604 December 6, 1926 - PEOPLE OF THE PHIL. ISLANDS v. ELIGIO AMANTE, ET AL.

    049 Phil 679

  • G.R. No. 26170 December 6, 1926 - PEOPLE OF THE PHIL. ISLANDS v. TEODORO LUCHICO

    049 Phil 689

  • G.R. No. 23871 December 7, 1926 - MUNICIPALITY OF LEMERY v. ANDRES MENDOZA, ET AL.

    048 Phil 415

  • G.R. No. 24995 December 8, 1926 - EUSEBIO MACASA, ET AL. v. HEIRS OF APOLONIO GARCIA

    049 Phil 698

  • G.R. No. 25235 December 9, 1926 - LIM JULIAN v. TIBURCIO LUTERO, ET AL.

    049 Phil 703

  • G.R. No. 23386 December 12, 1926 - MERCEDES GUSTILO, ET AL. v. HERMINIO MARAVILLA

    048 Phil 442

  • G.R. No. 25963 December 14, 1926 - SUSANA GLARAGA v. SUN LIFE ASSURANCE CO. OF CANADA, ET AL.

    049 Phil 737

  • G.R. No. 25976 December 16, 1926 - FRANCISCO J. GONZALES, ET AL. v. PAULINA FRANCISCO

    049 Phil 747

  • G.R. No. 24788 December 17, 1926 - FULGENCIO M. DEL CASTILLO v. RUFINO MADRILEÑA

    049 Phil 749

  • G.R. No. 25845 December 17, 1926 - PARIS MANILA PERFUME CO. v. PHOENIX ASSURANCE CO.

    049 Phil 753

  • G.R. No. 26202 December 17, 1926 - PEOPLE OF THE PHIL. ISLANDS v. FILEMON CABIGAS, ET AL.

    049 Phil 759

  • G.R. No. 26337 December 17, 1926 - CELSO LEDESMA v. MUN. OF ILOILO, ET AL.

    049 Phil 769

  • G.R. No. 25940 December 18, 1926 - ALEJANDRA MEJICA v. PUBLIC UTILITY COMMISSION, ET AL.

    049 Phil 774

  • G.R. No. 24047 December 17, 1926 - ASIA BANKING CORPORATION v. LACSON COMPANY, INC.

    048 Phil 482

  • G.R. No. 23483 December 18, 1926 - ANTONIO AMATA, ET AL. v. JUANA TABLIZO, ET AL.

    048 Phil 485

  • G.R. No. 23810 December 18, 1926 - CATALINO VALDERRAMA v. NORTH NEGROS SUGAR CO., INC.

    048 Phil 492

  • G.R. No. 25072 December 18, 1926 - SAN MIGUEL BREWERY v. DOMINGO LEGARDA

    048 Phil 507

  • G.R. No. 25954 December 18, 1926 - UNITED STATES OF AMERICA v. JUAN GISBERT, ET AL.

    049 Phil 779

  • G.R. No. 25267 December 24, 1926 - PEOPLE OF THE PHIL. ISLANDS v. MARIO PAMINTUAN

    049 Phil 793

  • G.R. No. 25488 December 24, 1926 - MANILA RAILROAD CO. v. ASUNCION MITCHEL VDA. DE SY QUIA

    049 Phil 801

  • G.R. No. 25739 December 24, 1926 - MAXIMO VIOLA, ET AL. v. VICENTA TECSON, ET AL.

    049 Phil 808

  • G.R. No. 25846 December 24, 1926 - JUAN CAMAHORT v. JUAN POSADAS

    049 Phil 811

  • G.R. No. 25950 December 24, 1926 - E. AWAD v. FILMA MERCANTILE CO., INC.

    049 Phil 816

  • G.R. No. 26483 December 24, 1926 - SMITH, BELL & CO., ET AL. v. Hon. FRANCISCO SANTAMARIA, ET AL.

    049 Phil 820

  • G.R. No. 26615 December 24, 1926 - MANUEL RODRIGUEZ v. Hon. JULIO LLORENTE, ET AL.

    049 Phil 823

  • G.R. No. 24930 December 31, 1926 - TAN PHO, ET AL. v. AMPARO NABLE JOSE

    049 Phil 828

  • G.R. No. 25694 December 31, 1926 - LEOCADIA ANGELO v. DIRECTOR OF LANDS, ET AL.

    049 Phil 838

  • G.R. No. 25811 December 31, 1926 - BPI v. ULRICH FOERSTER

    049 Phil 843

  • G.R. No. 26062 December 31, 1926 - JOSE V. RAMIREZ, ET AL. v. J. R. REDFERN

    049 Phil 849

  • G.R. No. 26374 December 31, 1926 - NICANOR JACINTO v. DIRECTOR OF LANDS

    049 Phil 853

  • G.R. No. 25853 December 31, 1926 - BACHRACH MOTOR CO. v. CIPRIANO E. UNSON

    050 Phil 981

  • G.R. No. 26118 December 31, 1926 - PHILIPPINE NATIONAL BANK v. MARIANO ESCUETA

    050 Phil 991

  • G.R. No. 23239 December 31, 1926 - FELIPE DIZON v. NICOLAS RIVERA, ET AL.

    048 Phil 996

  • G.R. No. 24003 December 31, 1926 - JULIAN SANTIAGO, ET AL. v. PEDRO SANTOS, ET AL.

    048 Phil 567

  • G.R. No. 23352 December 31, 1926 - PHILIPPINE SUGAR ESTATES DEVELOPMENT CO. v. JUAN M. POIZAT, ET AL.

    048 Phil 536