This case has been cited 2 times or more.
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2008-06-26 |
LEONARDO-DE CASTRO, J. |
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| Indeed, the dismissal of a case whether for failure to appear during trial or prosecute an action for an unreasonable length of time rests on the sound discretion of the trial court. But this discretion must not be abused, nay gravely abused, and must be exercised soundly. Deferment of proceedings may be tolerated so that cases may be adjudged only after a full and free presentation of all the evidence by both parties. The propriety of dismissing a case must be determined by the circumstances surrounding each particular case. There must be sufficient reason to justify the dismissal of a complaint. Pre-trial is not a mere technicality in court proceeding for it is essential in the simplification and the speedy disposition of disputes. The Court observed in the case of Development Bank of the Philippines v. Court of Appeals [6] that:Everyone knows that a pre-trial in civil actions is mandatory, and has been so since January 1, 1964. Yet to this day its place in the scheme of things is not fully appreciated, and it receives but perfunctory treatment in many courts. Some courts consider it a mere technicality, serving no useful purpose save perhaps, occasionally to furnish ground for non-suiting the plaintiff, or declaring a defendant in default, or, wistfully, to bring about a compromise. The pre-trial device is not thus put to full use. Hence it has failed in the main to accomplish the chief objective for it: the simplification, abbreviation and expedition of the trial, if not indeed its dispensation. This is a great pity, because the objective is attainable, and with not much difficulty, if the device were more intelligently and extensively handled. It is the policy of the Court to afford every litigant the amplest opportunity for the proper and just determination of his cause, free from the constraints of technicalities. Since rules of procedure are mere tools designed to facilitate the attainment of justice, courts must avoid the rigid application thereof which tends to frustrate rather than promote the ends of justice. [7] Here, the counsel for respondent, upon receiving the order dismissing the complaint, immediately filed a motion for reconsideration which adequately explained his late arrival for four (4) minutes, which was not disputed before the trial court. Under the circumstances, the latter should have granted respondent's motion for reconsideration of the dismissal of the complaint. The interest of justice will be better served by the continuation of the proceedings and final disposition of the case on the merits before the trial court. Thus, the appellate court did not commit any reversible error when it set aside the order of the trial court dismissing the respondent's complaint. | |||||
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2007-11-23 |
CHICO-NAZARIO, J. |
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| The conduct of pre-trial in civil actions has been mandatory as early as 1 January 1964 upon the effectivity of the Revised Rules of Court.[33] Pre-trial is a procedural device intended to clarify and limit the basic issues between the parties[34] and to take the trial of cases out of the realm of surprise and maneuvering.[35] | |||||