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*
G.R. No. 103922. July 9, 1996.
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* SECOND DIVISION.
536
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537
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2 Annex “D,” Petition, pp. 41-45, Records (CA G.R. SP No. 25547).
538
“In the case at bar, the private respondent itself admitted that the
interrogatories were served upon its counsel of record Emerito
Salva and Associates. There is, therefore,5
a valid service of the
interrogatories upon private respondent.”
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3 Annex “A,” Order of the Regional Trial Court, Branch 62, Makati,
dated March 14, 1991, pp. 24-25, supra.
4 Annex “B,” Order of the Regional Trial Court, dated April 23, 1991,
pp. 26-28, ibid.
5 Decision, supra, 164.
6 Supra.
539
7
such failure or refusal. It should be noted that it is
discretionary on the court to order the dismissal of the
action. 8
In Arellano vs. CFI, it was held that—
“The dismissal of an action for failure of the plaintiff to prosecute
the same rests upon the sound discretion of the trial court and
will not be reversed on appeal in the absence of abuse. The burden
of showing abuse of judicial discretion is upon appellant since
every presumption is in favor of correctness of the court’s action.
(1 Moran, pp. 528-529, 1970 ed.).”
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541
Petition dismissed.
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