DIGEST/ACOPIADO/ LARA GIFTS V. PNB 2018
Lara Gifts and Decors, Inc. vs. PNB GR. Nos. 230429-30| January 24, 2018 Digest by: A. Acopiado FACTS: Petitioner company insured a building with respondent bank. Sometime later, the subject of the insurance was gutted by fire. Respondent engaged services of independent appraisers for the fire loss, but the latter were unable to ascertain the damage due to petitioner’s failure to supply documents. Respondent thus denied the insurance claim. Petitioner sued in the RTC. In the pre-trial the parties agreed to the facts and issues in dispute and the judge issued an order which stipulated that the parties agree to the presentation of additional evidence. None of the parties objected to the stipulation. Sometime later, petitioner introduced an affidavit and documents which were not submitted in the pre-trial. Respondent objected stating that the same is violative of the judicial affidavit rule and the court memo governing pre-trial procedures and modes of discovery (A....
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