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J. Espelleta vs. C. Avelino, et al

JOSE ESPELETA, petitioner, vs. HON. CELSO AVELINO, as Presiding Judge, CFI, Cebu City, Branch XIII; and SHELL PHILIPPINES, INC., respondents.

G.R. No. L-39276 | 1975-02-24

D E C I S I O N

FERNANDO, J:

It is the sad plaint of petitioner in this certiorari proceeding that he was denied procedural due process when respondent Judge in a spirit of unwonted generosity towards private respondent corporation, Shell Philippines, Inc., acceded to its plea that the testimony of a witness deemed by him as vital to his case be ignored and disregarded in its entirety for failure to be present in court on the day set for her cross-examination. There was a motion for postponement, but it did not prosper. The challenged order is self-explanatory: "The oral motion of plaintiff's counsel Rodolfo Bellaflor that the direct...