Back

[3/3] Hernandez vs. Development bank of the Phil., et al

[3/3] JOSE M. HERNANDEZ, petitioner, vs. DEVELOPMENT BANK OF THE PHILIPPINES and COURT OF FIRST INSTANCE OF BATANGAS, LIPA CITY BRANCH, respondents.

G.R. No. L-31095 | 1976-06-18

Part III


cont.


"Under the Spanish procedure, appeals could be taken from any interlocutory order or judgment, with the result that in a single case there were so many appeals and the proceedings were so delayed that in many instances parties could not, or hardly, survive the litigation. Either they died before the rendition of the final judgment or, if they survived, the winning party not infrequently found himself sustaining more losses than the benefits he expected to derive from his judgment. This is the judicial irony which section 123 of our Code of Civil Procedure, now Rule 41, section 2, of the new Rules of Court, was intended...