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Supreme Court: Jalandoni & Jamir For Defendant-Appellant. Samson S. Alcantara For Plaintiff-Appellee
Supreme Court: Jalandoni & Jamir For Defendant-Appellant. Samson S. Alcantara For Plaintiff-Appellee
G.R. No. L-20089 December 26, 1964 On June 21, 1955 defendant filed a "petition for relief
from orders, judgment and proceedings and motion
for new trial and reconsideration." Plaintiff moved to
BEATRIZ P. WASSMER, plaintiff-appellee, strike it cut. But the court, on August 2, 1955, ordered
vs. the parties and their attorneys to appear before it on
FRANCISCO X. VELEZ, defendant-appellant. August 23, 1955 "to explore at this stage of the
proceedings the possibility of arriving at an amicable
Jalandoni & Jamir for defendant-appellant. settlement." It added that should any of them fail to
Samson S. Alcantara for plaintiff-appellee. appear "the petition for relief and the opposition
thereto will be deemed submitted for resolution."
BENGZON, J.P., J.:
On August 23, 1955 defendant failed to appear before
The facts that culminated in this case started with court. Instead, on the following day his counsel filed a
dreams and hopes, followed by appropriate planning motion to defer for two weeks the resolution on
and serious endeavors, but terminated in frustration defendants petition for relief. The counsel stated that
and, what is worse, complete public humiliation. he would confer with defendant in Cagayan de Oro
City — the latter's residence — on the possibility of an
amicable element. The court granted two weeks
Francisco X. Velez and Beatriz P. Wassmer, following counted from August 25, 1955.
their mutual promise of love, decided to get married
and set September 4, 1954 as the big day. On
September 2, 1954 Velez left this note for his bride-to- Plaintiff manifested on June 15, 1956 that the two
be: weeks given by the court had expired on September
8, 1955 but that defendant and his counsel had failed
to appear.
Dear Bet —
Another chance for amicable settlement was given by
Will have to postpone wedding — the court in its order of July 6, 1956 calling the parties
My mother opposes it. Am leaving and their attorneys to appear on July 13, 1956. This
on the Convair today. time. however, defendant's counsel informed the court
that chances of settling the case amicably were nil.
Please do not ask too many people
about the reason why — That On July 20, 1956 the court issued an order denying
would only create a scandal. defendant's aforesaid petition. Defendant has
appealed to this Court. In his petition of June 21, 1955
Paquing in the court a quo defendant alleged excusable
negligence as ground to set aside the judgment by
default. Specifically, it was stated that defendant filed
But the next day, September 3, he sent her the
no answer in the belief that an amicable settlement
following telegram:
was being negotiated.