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Gerian vs. Boncaros

LOPE GERIAN, LUCIO GERIAN, FRANCISCO GERIAN, LEOPOLDO GERIAN, CONSTANCIA GERIAN and ANTONIETA GERIAN, petitioners, vs. HON. ALEJANDRO R. BONCAROS as Judge of CFI of Negros Oriental, ROQUE GERIAN, CARLOS GERIAN, TEODORA GERIAN and VICENTA GERIAN, responden

G.R. No. L-48723 | 1979-10-30

D E C I S I O N

TEEHANKEE, J:

The default orders issued by respondent judge are set aside as having no factual nor legal basis and having been issued arbitrarily and with grave abuse of discretion. Trial judges are enjoined to act with circumspection and not to precipitately declare parties in default, needlessly compelling the aggrieved party to undergo the additional expense, anxiety and delay of seeking the intervention of the appellate courts and depriving them of the much needed time and attention that could instead have well been devoted to the study and disposition of more complex and complicated cases and issues.

The factual...