GR L 12955; (November, 1917) (Digest)
G.R. No. L-12955, November 8, 1917
WALTER E. OLSEN and HARTFORD BEAUMONT, petitioners, vs. FRESSEL & CO. and SIMPLICIO DEL ROSARIO, judge of First Instance of Manila, respondents.
FACTS:
Petitioners commenced an action against Fressel & Co. in the Court of First Instance of Manila to recover a sum of money. After the defendants’ demurrer was overruled and an answer was filed, the case was set for hearing on February 8, 1917. On January 29, 1917, the defendants moved to postpone the trial “until a reasonable time after the conclusion of the present war,” supported by an affidavit stating that George Ludewig, an indispensable witness and partner of the defendant company, was then a prisoner in Russia and could not testify until released or by deposition. Respondent Judge Simplicio del Rosario granted the motion, suspending the trial until December 31, 1917, with the condition that the defendants procure the witness’s presence or deposition by that date. Petitioners sought a writ of mandamus from the Supreme Court to compel the judge to proceed with the trial without further delay.
ISSUE:
Whether a writ of mandamus may be issued to compel the trial court to proceed with the trial, despite the grant of a postponement based on the absence of an indispensable witness.
RULING:
No. The Supreme Court denied the petition for mandamus. The granting or refusal of a postponement of trial is a matter addressed to the sound discretion of the trial court. Mandamus lies to compel inferior courts to act when they have refused or unduly delayed action, but it cannot be used to control or direct the exercise of judicial discretion, absent a clear abuse thereof. Under the circumstances, the reasons for postponementthe imprisonment of an indispensable witness abroad during wartimewere sufficiently supported by affidavit, and the trial court did not abuse its discretion in suspending the trial to allow the defendants a reasonable opportunity to secure the witness’s testimony. The petition was denied with costs.
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