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Tandoc vs. Tensuan

PRIMA TANDOC, petitioner, vs. Honorable RICARDO TENSUAN in his capacity as Presiding Judge of the Court of First Instance of Rizal, Quezon City, and ELEUTERIO PAGTAKHAN and JIMMY MORALES, respondents.

G.R. No. L-50835 | 1979-10-30

D E C I S I O N

TEEHANKEE, J:

The dismissal orders issued by respondent judge are set aside for having been issued with grave abuse of discretion. There was no failure on petitioner's part to prosecute her just suit for an unreasonable length of time as to warrant dismissal thereof by respondent judge motu proprio. The procedural rules are addressed to the sound judicial discretion of the courts which must be exercised wisely and prudently, never capriciously, with a view to rendering substantial justice.

In a Joint Order covering three separate civil cases dated December 29, 1978, respondent judge, simply stating that "it appearing...