G.R. No. 42645 , December 29, 1936
ROSARIO GONZALEZ CASTRO, plaintiff-appellant, vs. FEDERICO G. AZAOLA, defendant-appellee.

FACTS

Plaintiff Rosario Gonzalez Castro filed a complaint to recover a loan of P2,372.34 from defendant Federico G. Azaola and to compel him to execute a document acknowledging the debt. After the plaintiff presented her evidence, the defendant moved to dismiss the complaint, arguing there was no written document signed by him to prove the loan as required by Article 1280 of the Civil Code and Section 335 of the Code of Civil Procedure. The trial court granted the motion and dismissed the complaint. The plaintiff appealed.

ISSUE

Whether the trial court erred in dismissing the complaint based solely on the plaintiff’s evidence without requiring the defendant to present his evidence.

RULING

Yes. The Supreme Court reversed the trial court’s decision. It held that when a defendant moves to dismiss after the plaintiff presents evidence but reserves the right to present evidence if the motion is denied, the trial court should not decide the motion immediately. Instead, it should require the defendant to present evidence to avoid piecemeal litigation and potential delay. The Court cited the precedent in Moody, Aronson & Co. vs. Hotel Bilbao, which discourages dismissal motions that could lead to unnecessary appeals and remands. The case was remanded to the trial court to receive the defendant’s evidence and proceed to a full trial on the merits.

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