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VIC vs CA

VIKING INDUSTRIAL CORPORATION, Petitioner, versus THE COURT OF APPEALS and JOSE L. LUISON, JR., Respondents.

G.R. No. 143794 | 2004-07-13

D E C I S I O N



SANDOVAL-GUTIERREZ, J.:



Litigation is a not a "trial and error" proceeding. A party who moves for a new trial on the ground of "honest mistake" must show that ordinary prudence could not have guarded against it. A new trial is not a refuge for the obstinate.

In this petition for review on certiorari, petitioner Viking Industrial Corporation assails the Court of Appeals (a) Decision[1] dated February 29, 2000 in CA-G.R. SP No. 55253 finding grave abuse of discretion on the part of Judge Vivencio S. Baclig, Regional Trial Court (RTC), Branch 77, Quezon City, in granting petitioner's motion for new trial; and (b)...