Cited Laws
TL;DR — Ruling
WHEREFORE, the petition is GRANTED in part. The Decision of the Court of Appeals dated August 20, 2003 sustaining the trial court's denial of petitioner's motion to dismiss, as well as its Resolution dated December 16, 2003 denying reconsideration, is REVERSED and SET ASIDE. The case is REMANDED to the Regional Trial Court of Cebu City for further proceedings to resolve anew with deliberate dispatch the motion to dismiss in accordance with Section 3, Rule 16 of the 1997 Rules of Civil Procedure …
WHEREFORE, the petition is GRANTED in part. The Decision of the Court of Appeals dated August 20, 2003 sustaining the trial court's denial of petitioner's motion to dismiss, as well as its Resolution dated December 16, 2003 denying reconsideration, is REVERSED and SET ASIDE. The case is REMANDED to the Regional Trial Court of Cebu City for further proceedings to resolve anew with deliberate dispatch the motion to dismiss in accordance with Section 3, Rule 16 of the 1997 Rules of Civil Procedure as elucidated in this Decision . SO ORDERED.