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Florencio G. Bernardo vs. Special Sixth Division of the Court of Appeals, et al.

FLORENCIO G. BERNARDO, petitioner vs. THE HON. SPECIAL SIXTH DIVISION OF THE COURT OF APPEALS and JIMMY TOMAS, respondents.

G.R. No. 106153 | 1997-07-14

D E C I S I O N


PANGANIBAN, J.:

Did the trial court deny due process to the petitioner by its refusal to grant new trial and/or to reopen the case in spite of the fact that the defendant was unable to participate and to present his evidence due to the death of the handling lawyer of the law firm representing him and the failure of the new attorney to follow the rules on substitution of counsel?

In its original decision, 1 the Court of Appeals 2 answered the foregoing question in the affirmative and ordered the trial court to reopen the proceedings to enable the petitioner to present his evidence. Upon reconsideration, however, said...