GR L 1613; (May, 1948) (Digest)
G.R. No. L-1613; May 24, 1948
JUSTA G. VDA. DE GUIDO, petitioner, vs. OSCAR CASTELO, Judge of First Instance of Rizal, Caloocan Branch, ANTONIO ROSCA, TO TEE, and DY CHONG, respondents.
FACTS
The petitioner, as plaintiff in a case appealed from the justice of the peace court to the Court of First Instance, closed her evidence. The defendants (respondents) then made a verbal motion to dismiss, reserving their right to present evidence if the motion was denied. The respondent judge denied the motion and ordered the trial to continue. The petitioner moved for reconsideration, arguing that by filing such a motion, the defendants waived their right to present evidence and that judgment should be rendered based on her evidence alone. The judge denied her motion. The petitioner then filed this original action for certiorari and mandamus to compel the judge to disallow the defendants from presenting evidence and to render judgment immediately.
ISSUE
Whether a defendant, after the plaintiff rests its case, waives the right to present evidence by filing a motion to dismiss with a reservation to present evidence if the motion is denied.
RULING
No. The petition is denied. The Supreme Court distinguished the present case from its prior ruling in Arroyo vs. Azur. In Arroyo, the motion to dismiss was granted, which could have led to delays if reversed on appeal, hence the Court held the defendant must stand on the insufficiency of the plaintiff’s case and cannot later present evidence. Here, the motion to dismiss was denied and the trial court ordered the trial to continue. The Court held that the procedure followed by the respondent judge—denying the motion and requiring the defendant to present evidence—was correct and in line with the suggestion in Gonzalez Castro vs. Azaola. This avoids delay and allows the court to render a decision with all disputed questions in view, as the lower court retains full jurisdiction. The rule against reserving evidence applies when a motion to dismiss is granted, not when it is denied.
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