SECOND DIVISION
[G.R. No. 246033. June 10, 2019.]
VIOLETA HIPOLITO, petitioner, vs.DOMINGA VISCARRA,1ROLANDO V. SISON, PATRICIO V. SISON, ROGELIO V. SISON, ALFONSO V. SISON, VIRGINIA V. SISON, LEOPOLDO V. SISON, AND RICARDO V. SISON, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 246033 (Violeta Hipolito v. Dominga Viscarra, Rolando V. Sison, Patricio V. Sison, Rogelio V. Sison, Alfonso V. Sison, Virginia V. Sison, Leopoldo V. Sison, and Ricardo V. Sison)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the August 31, 2018 Decision 3 and the March 1, 2019 Resolution 4 of the Court of Appeals (CA) in CA-G.R. CV No. 108724 for failure of petitioner Violeta Hipolito (petitioner) to sufficiently show that the CA committed any reversible error in affirming the October 10, 2016 Decision 5 of the Regional Trial Court of Manila, Branch 49.
As correctly ruled by the CA, the failure of petitioner's counsel to attend the hearing scheduled on March 1, 2016, despite due notice, gives the trial court the authority to deem her right to present evidence waived. 6 It is settled that the absence of a party during trial due to his own fault constitutes a waiver of his right to present evidence. 7 The CA was likewise correct in finding that petitioner was bound by her counsel's mistake. While there are exceptions to this rule, 8 none has been shown in this case. In any event, the CA committed no error in holding that the preponderance of evidence weighed in favor of respondents as opposed to petitioner's bare assertion. Settled is the rule that the sufficiency of evidence is a question of fact that may not be raised under Rule 45, save for exceptional circumstances, 9 none of which are present in this case.
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. "Viscara" in some parts of the rollo.
2.Rollo, pp. 3-30.
3.Id. at 39-47. Penned by Associate Justice Japar B. Dimaampao with Associate Justices Manuel M. Barrios and Henri Jean Paul B. Inting (now a member of this Court), concurring.
4.Id. at 48-49.
5.Id. at 209-214. Penned by Presiding Judge Daniel C. Villanueva.
6. See id. at 42.
7.Spouses Calo v. Spouses Tan, 512 Phil. 786, 796-797 (2005), citing Adorable v. CA, 377 Phil. 210 (1999); Jalover v. Ytoriaga, 170 Phil. 184, 194 (1977); and Rapisura v. Nicolas, 123 Phil. 638, 641 (1966).
8.Dimaandal v. PO2 Ilagan, 802 Phil. 546, 552 (2016).
9. See Tsuneishi Heavy Industries (Cebu), Inc. v. MIS Maritime Corporation, G.R. No. 193572, April 4, 2018.