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EN BANC

G.R. No. L-17324 April 22, 1963

REPUBLIC OF THE PHILIPPINES, Plaintiff-Appellant, vs. CLASICO TAJANLANGIT, Defendant-Appellee.

Office of the Solicitor General for plaintiff-appellant.
Nicolas F. Nonato for defendant-appellee.

BENGZON, C.J.:chanrobles virtual law library

In the justice of the peace court of Miagao, Iloilo, the Republic sued Clasico Tajanlangit to recover P110.88 representing the value of nine sacks of fertilizer, which he had purchased from the Fertilizer Administration. He refused to pay, alleging false representations about the benefits to be derived from the use of such fertilizer. He even asserted harmful effects of the fertilizer upon his crops. The court rendered judgment against him.chanroblesvirtualawlibrarychanrobles virtual law library

On appeal to the court of first instance the same issues were raised. However, due to the failure of the plaintiff to appear at the trial on two different occasions, the judge dismissed the action for lack of interest, the case having pended in said court for about three years.chanroblesvirtualawlibrarychanrobles virtual law library

The plaintiff asked for reconsideration involving accident, mistake or excusable negligence. It submitted an affidavit of its attorney who claimed, and swore to the effect, that due to "the big volume of papers turned over to him by the Fertilizer Administration"; he did not know of the existence of the case and so he failed to appear and take charge of the litigation. He swore furthermore that the plaintiff had a good cause of action.chanroblesvirtualawlibrarychanrobles virtual law library

The judge denied the motion. Plaintiff then took the matter to the Court of Appeals. The latter, believing that only questions of law were involved, certified the record to this Court.

Wherefore, the parties respectfully pray that the foregoing stipulation of facts be admitted and approved by this Honorable Court, without prejudice to the parties adducing other evidence to prove their case not covered by this stipulation of facts.chanroblesvirtualawlibrarychanrobles virtual law library

Having read the pertinent papers, we think the trial judge committed no plain abuse of discretion in refusing to re-open. For one thing, the excusable negligence alleged by plaintiff referred to circumstances arising after the Fertilizer Administration had been abolished, namely, in November, 1956; it failed to account for the non-appearance of plaintiff or its attorney in July 20, 1956, the first time the case was called for hearing. Besides, the affidavit of merit merely cited the promissory note, which was already of record, and which the defendant had signed upon getting the sacks of fertilizer. Such affidavit obviously added nothing to the plaintiff's cause; in the face of Tajanlangit's defense that the fertilizer proved to be useless, nay, harmful to his plants.chanroblesvirtualawlibrarychanrobles virtual law library

By the way, contrasting the meager amount of the claim, with the expenses of printing plus the valuable time consumed not only in the preparation of a brief, but specially in the adjudication of the controversy in the appellate courts, which are pressed for time, the idea occurs to us that the Government counsel could have, and should have declined to prosecute this appeal. Judgment affirmed.

Padilla, Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Regala and Makalintal, JJ., concur.
Labrador, J., took no part.