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This case discusses whether a party declared in default can serve as a witness. Perfecta Cavili was declared in default for failing to file an answer on time in a partition and damages case along with her brothers Quirino and Primitivo. When Quirino and Primitivo presented Perfecta as their witness, the respondents objected, arguing that as a party in default she could not participate in the trial. The Court ruled that while a party in default loses their rights to present a defense or examine witnesses, th

Author

Cali Ey

Language

EN