GR L 46035; (April, 1939) (Digest)
G.R. No. L-46035; April 25, 1939
THE DIRECTOR OF LANDS, applicant; MARCELA GUANZON, petitioner-appellant, vs. PHILIPPINE NATIONAL BANK, BANK OF THE PHILIPPINE ISLANDS, MARIA GONZAGA YULO, TITO SILVERIO, NATIVIDAD CORTEZA, ET AL., respondents. PHILIPPINE NATIONAL BANK, appellee.
FACTS
Marcela Guanzon filed a motion in the Court of First Instance of Occidental Negros on September 10, 1936, seeking the cancellation of subsequent decrees and transfer certificates of title issued over certain lots in the Hinigaran Cadastre, and the reinstatement of the original decrees adjudicating those lots to her. The motion was set for hearing on October 3, 1936. Both Guanzon and respondent Philippine National Bank (PNB) filed motions for postponement, leading to the case being transferred between court branches. Without a new hearing date being set or notice given to the parties, Branch II of the court, presided by Judge Sotero Rodas, denied Guanzon’s motion on November 24, 1936, based solely on the sworn allegations in her petition and PNB’s sworn answer, without receiving any evidence. Guanzon filed motions for reconsideration, which were denied, prompting her appeal to the Supreme Court.
ISSUE
Whether the trial court committed a grave abuse of discretion in denying Guanzon’s petition without affording her an opportunity to be heard and to present evidence in support of her allegations.
RULING
Yes. The Supreme Court reversed the trial court’s order. It held that the lower court erred in deciding the petition without a hearing and without allowing Guanzon to present evidence. The oath in a motion only presumes the truth of the allegations for the purpose of requiring an answer; it does not substitute for evidence adduced at a trial. The court emphasized that a party must be given the opportunity to be heard and to present evidence, especially when, as here, an affidavit of merits accompanied the motion for reconsideration indicating that evidence existed which could substantiate the claims. The case was remanded to the trial court for further proceedings.
AI Generated by Armztrong.