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Republic Of The Phil. Vs. Isidro R. Villarosa 103 Phil 631

REPUBLIC OF THE PHILIPPINES, represented by the Philippine National Bank, as TRUSTEE, plaintiff-appellant, vs. ISIDRO R. VILLAROSA, defendant-appellee.

G.R. No. L-11782 | 1958-04-30

D E C I S I O N


BENGZON, J.:

When on February 15, 1956, this suit for recovery of money was called for hearing before the Occidental Negros Court of First Instance in Bacolod City, none appeared for the plaintiff.

Having noted that three months before, when this case came up on November 9, 1955, the plaintiff had also failed to show up and the hearing had to be postponed, His Honor, the trial judge concluded that plaintiff's repeated absence evinced lack of interest to prosecute its claim. Wherefore, he dismissed the suit immediately.

Within thirty days after notice of the dismissal, the plaintiff's attorney moved for reconsideration,...