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Jesus Del Rosario vs. Jaime Hamoy, et al.

JESUS DEL ROSARIO, petitioner, vs. HON. JAIME HAMOY, Presiding Judge, RTC, Branch XV, Region IX, Zamboanga City, and WILEADO DE LEON, DOMINGO DE LEON, CRISTINO DE LEON, HENCIANO DE LEON, MARCIANO AIZON, and EPIFANIA DE LEON, respondents.

G.R. No. 77154 | 1987-06-30

D E C I S I O N


SARMIENTO, J.:

For want of a one-peso documentary stamp in a special power of attorney for pre-trial purposes, in lieu of the personal appearance of the plaintiff, the petitioner in this case, the respondent Judge declared him non-suited and dismissed the complaint "for failure of the plaintiff to appear for pre-trial conference." 1 We do not agree. The respondent Judge manifestly erred. He acted with indecent haste. He could have easily required the counsel for the plaintiff to buy the required one-peso documentary stamp outside the court room and affix the same to the special power of attorney and that respite would...