G.R. No. L-659; September 30, 1946
MARIANO B. ARROYO, plaintiff-appellee, vs. HOSPITAL DE SAN PABLO, defendant-appellant.

FACTS

On August 19, 1946, the defendant-appellant, Hospital de San Pablo, filed a motion for a new trial. The motion sought to introduce as newly discovered evidence the entire transcript, or pertinent portions, of the testimony from a separate case, Dolores Vasquez Arroyo vs. Mariano B. Arroyo (Civil Case No. 9031 of the Court of First Instance of Iloilo). The appellant alleged it was previously unaware of this evidence, which contradicts the plaintiff-appellee Mariano B. Arroyo’s claim for salaries amounting to P241,600 covering the period from May 1911 to May 1945. The appellant argued this evidence was of such character that it would likely change the result of the case. The plaintiff-appellee opposed the motion.

ISSUE

Whether the defendant-appellant’s motion for a new trial based on newly discovered evidence should be granted.

RULING

The Court, applying Section 2 of Rule 55, resolved to grant the appellant an opportunity to present the proposed new evidence without setting aside the appealed decision in the meantime. The Court ordered the lower court to set the case for hearing as soon as practicable to allow the defendant-appellant to present the transcript (or pertinent parts) from Civil Case No. 9031. The plaintiff-appellee was granted the right to present pertinent rebuttal evidence. The lower court was directed to transmit this evidence to the Supreme Court promptly. The time for the appellant to submit its brief was suspended pending receipt of the new evidence. The resolution was concurred in by the majority, with Justice Paras dissenting, stating he would vote to consider the motion for a new trial when the case is decided on the merits.