This case has been cited 1 times or more.
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2009-08-14 |
BRION, J. |
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| In the present case, the petitioner cites the inadequacy of the evidence presented by her former counsel as basis for a remand. She did not, however, specify the inadequacy. That the RTC granted the petition for declaration of nullity prima facie shows that the petitioner's counsel had not been negligent in handling the case. Granting arguendo that the petitioner's counsel had been negligent, the negligence that would justify a new trial must be excusable, i.e. one that ordinary diligence and prudence could not have guarded against. The negligence that the petitioner apparently adverts to is that cited in Uy v. First Metro Integrated Steel Corporation where we explained:[29] | |||||