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THIRD DIVISION.
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I see.
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x x x x x x x x x
x x x x x x x x x
COURT:
Any cross?
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The records show that the trial court went out of its way to
accord due process to the petitioner.
The defendant was given all the chance to present all conceivable
witnesses, after the plaintiff has rested his case on February 25,
1981, however, after presenting several witnesses, counsel for
defendant promised that he will present the defendant as his last
witness. Notably there were several postponement asked by
counsel for the defendant and the last one was on October 1, 1981
when he asked that this case be postponed for 45 days because
said defendant was then in Hongkong and he (defendant) will be
back after said period. The Court acting with great concern and
understanding reset the hearing to November 17, 1981. On said
date, the counsel for the defendant who again failed to present the
defendant asked for another postponement, this time to
November 24, 1981 in order to give said defendant another
judicial magnanimity and substantial due process. It was however
a condition in the order granting the postponement to said date
that if the defendant cannot be presented, counsel is deemed to
have waived the presentation of said witness and will submit his
case for decision.
On November 24, 1981, there being a typhoon prevailing in
Manila said date was declared a partial nonworking holiday, so
much so, the hearing was reset to December 7 and 22, 1981. On
December 7, 1981, on motion of defendants counsel, the same was
again reset to December 22, 1981 as previously scheduled which
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