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Guindo vs. Castelo, et.al.

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.

G.R. No. L-1613 | 1948-05-24

D E C I S I O N

PARAS, J:

In a case appealed from the justice of the peace court of Caloocan to the Court of First Instance of Rizal, the defendants (the herein respondents other than the respondent judge), after the plaintiff (the herein petitioner), had closed her case, made a verbal motion for dismissal, with a reservation of their right to present evidence in case of its denial. In his order of July 9, 1947, the respondent judge denied the motion and directed that the trial be continued as soon as practicable. Taking the position that said respondents waived their right to present evidence by filing a motion to dismiss after the...