gochangco vs cfi of negros
DESCRIPTION
Gochangco vs CFI of Negros157 Scra 40TRANSCRIPT
Gochangco vs CFI of Negros 157 scra 40Facts: These appellate proceeding had its origin in an action of unlawful detainer filed by C.N. Hodges in the City Court of Bacolod. CFI of Negros reversed the decision of the lower court on the ground that a Clerk of Court is not legally authorized to receive evidenceex-parte.Issue: whether or not a Clerk of Court is not legally authorized to receive evidenceex-parte. Held: No provision of law or principle of public policy prohibits a court from authorizing its clerk of court to receive the evidence of a party litigant. After all the reception of evidence by the clerk of court constitutes but a ministerial task the taking down of the testimony of the witnesses and the marking of the pieces of documentary evidence, if any, adduced by the party present.