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Amberti, et al vs. Court of Appeals, et al

ENGRACIA B. AMBERTI and Minor MARIA TERESA AMBERTI, represented by her mother, petitioners, vs. HON. COURT OF APPEALS (Ninth Division) *, ROMEO D. ZAMORA and ESTELA LLENADO ZAMORA, respondents.

G.R. No. L-41808 | 1979-03-30

D E C I S I O N

TEEHANKEE, J:

The Court upholds respondents appellate court's decision setting aside the lower court's decision and remanding the case to allow respondents-defendants to adduce their evidence and reiterates once more that hasty disposal of cases to the extent of denying an urgent and justified motion for cancellation of a scheduled hearing date and for the early resetting thereof (based on defendants' counsel's physical disability to attend the hearing duly certified under oath by his physician and on both counsel's agreement) are not a panacea nor solution to the congestion of court dockets. Judicial discretion must be...