Wills and Trust outline keyed to Florida Wills, Trusts and Estates, second edition, by Marty-Nelson, Rodriguez-Dod, Richmond, Litman and Maurer.
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Provisional Remedies Digest
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Metropolitan Bank and Trust Company vs. Hon. Sandoval
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Soon Tae Kim v. Western State
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Metropolitan Bank and Trust Company vs. Hon. Sandoval
G.R. 169677; February 18, 2013 Bersamin, J.
THE COURT MAY ORDER SEPARATE TRIAL OF ANY CLAIM IN FURTHERAN CONVENIENCE OR TO AVOID PREJUDICE. BUT SEPARATE TRIAL MAY BE D IF A PARTY IS THEREBY DEPRIVED OF HIS RIGHT TO BE HEARD UPON AN DEALTH WITH AND DETERMINED IN THE MAIN TRIAL.
Facts:
The Republic brought a complaint for reversion, reconveyance, restitution, accounting and dam Sandiganbayan against Ferdinand Marcos and other defendants, for the recovery of the all gotten wealth of the Marcoses and dummies. Among the properties subject of he action w parcels of land registered in the names of Spouses Genito. AS it appears that Asian Bank ownership of the two parcels of land and was in possession of the properties by virtue o possession, the Republic moved for the amendmen t of the complaint in order to implead Asian an additional defendant. The motion was granted by the Sandiganbayan.
When its presentation of evidence against the original defendants is about to terminate, R moved to hold separate trial against against Asian Bank. Asian Bank sought the deferment of any actio motion until it was first given the opportunity to test and assail testimonial and documentary e presented by the Republic. Furthermore, Asian Bank contended that if a separate trial withou been sufficiently apprised about abou t the evidence the Republic had adduced before it was brought additional defendant would amount to deprivation of its day in the court.
The Republic, in its reply, maintained that separate trial is proper because it has entirely diffe independent cause of action from the original defendants. Nonetheless, Sandiganbayn Republic's motion for separate trial. Metrobank commenced Special civil action for Certiora Read Free Foron 30this Days Sign up to vote title successor-in-interest of Asian Bank.
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issues will avoid prejudice, or when separate trial of the issues will further convenience, or justice.
In this case, Sandiganbayan committed grave abuse of its discretion in ordering separate tr Asian Bank on the ground that the issue against Asian bank was distinct and separate from tha the original defendants. The justification of Sandiganbayan did not constitute compelling begin with the issue relevant to Asian Bank was not complicated, and cause of action again bank was necessarily connected with the cause of action against the original defendant. Furt only a joint trial with the original defendants could afford to Metrobank the equal and opportunity to confront and to contest all the evidence bearing on its ownership of the pr Hence, the disadvantages that a separate trial would cause to Metrobank would far outweigh a or benefit that the Republic would seemingly stand to gain from the separation of trials.
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