GR 12765; (September, 1917) (Digest)
G.R. No. 12765 ; September 26, 1917
GISBURNE SUPPLY CO., plaintiff-appellant, vs. VICENTE QUIOGUE, defendant-appellee.
FACTS:
The Gisburne Supply Company, a foreign corporation, filed a complaint against Vicente Quiogue for the sum of P450, representing the price of goods, wares, and merchandise allegedly sold and delivered. The trial court rendered judgment absolving the defendant from the complaint. The plaintiff’s motion for a new trial in the lower court was denied. The plaintiff then appealed to the Supreme Court and renewed its motion for a new trial, attaching supporting affidavits. The motion was based on the grounds of accident, surprise, and newly discovered evidence under Section 497 of the Code of Civil Procedure.
ISSUE:
Whether a new trial should be granted based on newly discovered evidence which could not have been discovered before the trial by the exercise of due diligence and which is of such character as would probably change the result.
RULING:
Yes, the motion for a new trial is granted. The Supreme Court found that the affidavits presented disclosed new and material evidence meeting the statutory requirements. Specifically: (1) The evidence indicated that the defendant did not receive the draft in October 1914 as previously stipulated, which undermined the trial court’s finding of plaintiff’s negligence; (2) The affidavit of plaintiff’s salesman contradicted the trial court’s finding that the sale was conditional, indicating it was instead absolute and unconditional; and (3) An affidavit stated that the plaintiff never received a crucial letter from the defendant which had been admitted in evidence. The Court held that these facts suggested the defendant misled the plaintiff, and due to the distance of the plaintiff’s office from the trial venue, counsel exercised all possible diligence. Where one party is misled by the other, justice demands a new trial. The motion in the Supreme Court could also include grounds beyond those raised in the lower court.
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