GOLDLOOP PROPERTIES, INC., vs. COURT APPEALS, ROBERTO S. ROBLES and ALICIA G. ROBLES.
- G.R. Number: G.R. No. 99431
- Promulgated: 1992-08-11
- Ponente: Bellosillo, J.
Doctrine
What constitutes an 'unreasonable length of time' for failure to prosecute is left to the trial court's discretion, but that discretion is not unbounded; the real test is whether the plaintiff is chargeable with want of due diligence.
An action should not be dismissed for want of prosecution when the delay resulted from parties negotiating an amicable settlement; courts should determine the cause of delay or require parties to comment before dismissing.
Facts
The RTC, Branch 158, motu proprio dismissed for failure to prosecute the reformation of instrument complaint filed by spouses Robles against Goldloop Properties, Inc. (Civil Case No. 58027).
The Robles spouses had filed the complaint on 27 March 1989 seeking reformation of a 17 June 1988 contract and a preliminary injunction to restrain petitioner from encumbering or disposing of the property.
The Court of Appeals annulled the RTC order in its Decision of 27 November 1990; petitioner sought review to reinstate the dismissal.
The CA decision and the denial of petitioner’s motion for reconsideration are the subject of this petition for review on certiorari.
Issues
Whether the RTC properly dismissed the complaint for failure to prosecute for an unreasonable length of time.
Ruling
The petition for review is DENIED; the Court affirms the Court of Appeals' annulment of the RTC order because the dismissal was issued with grave abuse of discretion amounting to lack or want of jurisdiction and violated respondents' due process rights.
Keywords
G.R. No. 99431, reformation of instrument, failure to prosecute, motion for reconsideration, certiorari, mandamus, preliminary injunction, compromise agreement, absolute sale, mortgage, final and executory judgment, technicalities, miscarriage of justice, liberal construction of rules, B.P. 129 Sec. 9(2), annulment of judgments of Regional Trial Courts, Rule 15 of the Rules of Court, order, trial, motion