G.R. No. 161878 - PHILWORTH ASIAS, INC., SPOUSES LUISITO AND ELIZABETH MACTAL, AND SPOUSES LUIS AND ELOISA REYES, vs. PHILIPPINE COMMERCIAL INTERNATIONAL BANK.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly should petitioners still fail to continue presenting their evidence. [17] On June 21, 1996, petitioners sought the postponement of the July 16, 1996 hearing. The RTC obliged, and reset the hearing on July 30, 1996 with a reiteration of the warning. [18] Ultimately, the July 30, 1996 hearing was also reset to August 2, 1996. On July 31, 1996, petitioners again moved for the postponement of the August 2, 1996 hearing. [19] On August 2, 1996, petitioners and counsel did not appear in court. Upon the motion of PCIBs counsel, the RTC declared petitioners to have waived their right to present their evidence, and required the parties to submit their memoranda. [20] On October 2, 1996, petitioners moved for the reconsideration of the August 2, 1996 order. [21] The RTC set a clarificatory hearing on their motion for reconsideration, but the clarificatory hearing was reset several times for reasons attributable to either or both of the parties. Although the clarificatory hearing was later on finally set on June 19, 1997, [22] the RTC benevolently granted petitioners motion for reconsideration, and set the date for the presentation of petitioners evidence on July 22, 1997 with the same warning of dire consequences. [23] As it turned out, the hearing of July 22, 1997 had to be cancelled and reset to August 15, 1997 after it was established that petitioners had not received the notice for the hearing. On August 15, 1997, both sides did not appear, forcing the RTC to unilaterally move the hearing to September 9, 1997. Even that hearing was reset to September 18, 1997 due to problems of locating the records. [24] The resetting to September 18, 1997 notwithstanding, PCIB filed its motion to resolve the case and to declare petitioners to have waived their right to present their evidence. [25] On September 15, 1997, the RTC declared petitioners to have waived their right to present evidence, and directed the parties to submit their respective memoranda, after which the case would be deemed submitted for decision. [26] On October 20, 1997, the RTC rendered its decision, disposing: WHEREFORE, premises above considered, judgment is hereby rendered for plaintiff as against defendants, who are ordered as follows: FOR DEFENDANT PHILWORTH: To pay plaintiff PCIB the amount of P150,000.00 with interest at the rate of 12% per annum from the date the amount was due on 28 February 1991 until fully paid; To pay plaintiff the amount equivalent to 15% of the total indebtedness for and as attorneys fees; and To pay the costs of the proceedings. FOR DEFENDANTS MACTAL AND REYES: In case of default of PHILWORTH to pay the obligation, said defendants MACTAL and REYES, to jointly and solidarily pay the unpaid obligation of PHILWORTH, including costs, and except for attorneys fees which is exacted at 10% of the total indebtedness. SO ORDERED.