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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 13392. September 18, 1918. ]

PAZ NATIVIDAD, Vda. de Zolueta, Plaintiff-Appellee, v. BERNARDO MARQUEZ, Defendant-Appellant.

Pascual B. Azanza, for Appellant.

Ramon Diokno, for Appellee.

SYLLABUS


1. CIVIL PROCEDURE; CONTINUANCES; ILLNESS OF PARTY. — "The illness of a party is not ipso facto a cause for continuance of the cause; but where a party’s presence at the trial is indispensable and the character of his illness is such as to render his presence at the trial impossible a continuance should be granted, if it appears that he has been guilty of no negligence. A continuance is properly refused where it appears that the party is not too ill to attend trial. The fact of illness must be established by some satisfactory sworn statement, either in the shape of an affidavit or the certificate of a physician that satisfies the court of the inability of the party to be present. From the very nature of the relief asked the decision of the question must necessarily rest almost entirely within the discretion of the trial court, and such discretion will not be interfered with unless the same has been abused to the extent of prejudicing the applicant’s right to a fair trial of the cause." (9 Cyc., 96.) Rule applied.


D E C I S I O N


MALCOLM, J.:


On May 19, 1915, action was begun in the Court of First Instance of Tayabas to recover the sum of P5,202 claimed to be due under a written document set out in the complaint, with interest. On July 17, 1915, the defendant answered alleging deceit and setting up a special defense, but not specifically denying under oath the genuineness and due execution of the instrument. After various delays, the cause was assigned for trial on January 22, 1917. On January 18, 1917, the defendant presented a motion asking for the transference of the hearing to the month of February because of his grave illness; in corroboration of this fact, there was made a part of the motion, Exhibit A, the certificate of Dr. Domingo Antonio, Medico-Cirujano, reading as follows:jgc:chanrobles.com.ph

"JANUARY 17, 1917.

"I certify that I am rendering medical services to Mr. Bernardo Marquez for am
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