This case has been cited 1 times or more.
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2013-03-20 |
SERENO, C.J. |
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| Given the connotation of this procedural rule, it would have been expected that the Sandiganbayan would look into the body of cases that interpret the provision. From jurisprudence, it is inevitable to see that the real test of the exercise of discretion is whether, under the circumstances, the plaintiff is charged with want of due diligence in failing to proceed with reasonable promptitude.[22] In fact, we have ruled that there is an abuse of that discretion when a judge dismisses a case without any showing that the party's conduct "is so indifferent, irresponsible, contumacious or slothful."[23] | |||||