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JurisprudenceG.R. No. 174982 -

G.R. No. 174982 - JOSE VICENTE ATILANO II, HEIRS OF CARLOS V. TAN REPRESENTED BY CONRAD K. TAN, CARLOS K. TAN, CAMILO KARL K. TAN, CARISA ROSENDA T. GO, NELIDA F. ATILANO AND ISIDRA K. TAN, VS. HON. JUDGE TIBING A. ASAALI, PRESIDING JUDGE OF THE REGIONAL TRIAL COURT OF ZAMBOANGA CITY AND ATLANTIC ME

Cited Laws

RA 218,RA 65,RA 269RA 424,RA 365,RA 381,RA 87RA 519,
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TL;DR — Ruling

WHEREFORE , the instant petition is GRANTED and the assailed May 27, 2005 and September 6, 2006 Resolutions of the Court of Appeals are SET ASIDE. The September 29, 2004 Decision and December 9, 2004 Order of the RTC are likewise NULLIFIED , without prejudice to the institution of a separate action against petitioners in accordance with Section 43, Rule 39 of the Rules of Court. SO ORDERED.

Decision

Ruling

WHEREFORE , the instant petition is GRANTED and the assailed May 27, 2005 and September 6, 2006 Resolutions of the Court of Appeals are SET ASIDE. The September 29, 2004 Decision and December 9, 2004 Order of the RTC are likewise NULLIFIED , without prejudice to the institution of a separate action against petitioners in accordance with Section 43, Rule 39 of the Rules of Court. SO ORDERED.