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BB9

SALAZARA VS. SALAZAR


8 PHIL 183, MARCH 27, 1907

FACTS:
This is an action instituted in the Court of First Instance of Mindoro, in the matter of
losses and damages, between Cayetana Salazar as plaintiff and Victoriano Salazar as defendant,
on October 2, 1905, the court rendered judgment against the defendant by default, ordering him
to pay to the plaintiff the sum of 0,000 pesos, together with the costs of the action. On November
10 of the same year Victoriano Salazar filed a complaint in this court alleging that he had been
unjustly deprived of the right of defense in the said case and asking that the said judgment be
anulled and that this court order a new trial by virtue of the provisions of section 513 of the Code
of Civil Procedure.

ISSUE:
Whether or not there was a compromise agreement between Cayetana Salazar and
Victoriano Salazar to justify the order for new trial.

RULING:

In view of the evidence showing a compromise between the parties, it was natural and
logical that the plaintiff herein believed that the action brought against him by the defendant
herein had been ended by the aforesaid compromise and that he was relieved, therefore, from the
duty of filing his answer. Such belief being. excusable and having prevented the plaintiff herein
from making a defense that would have been good and efficacious, this case comes within the
provisions of section 513 of the Code of Civil Procedure, and the judgment by default must be
set aside and a new trial ordered.