G.R. No. 40550 ; September 22, 1933
DIEGO TAGARUMA, plaintiff-appellant, vs. ANGELA GUZMAN, ET AL., defendants-appellees.

FACTS

Plaintiff Diego Tagaruma filed an action in the Court of First Instance of Isabela for reivindicacion (recovery of ownership) of parcels of farm land and damages for unlawful detention. Shortly after the plaintiff began presenting his witnesses, his attorney moved for a continuance due to sickness. The trial court denied the motion and, on its own initiative, dismissed the complaint based on its opinion that the statute of limitations had already run. The plaintiff appealed, arguing the court erred in dismissing the complaint at such an early stage of the proceedings.

ISSUE

Whether the trial court erred in dismissing the complaint on the ground of prescription during the preliminary stage of the trial, thereby preventing the plaintiff from fully presenting his case.

RULING

Yes. The Supreme Court sustained the plaintiff’s assignment of error. The Court held that after issues have been duly joined, the plaintiff is entitled to the right to present his case. The trial court’s departure from orderly procedure by dismissing the complaint sua sponte at an early stage, when only one witness had testified and without a proper motion, was erroneous. The orders appealed from were reversed and vacated. The record was remanded to the trial court to continue the trial on its merits. Costs were imposed on the appellees.

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