G.R. No. 171531 -

Ruling

WHEREFORE , the petition is GRANTED . The decision of the Court of Appeals in CA-G.R. CV No. 67462 is REVERSED and SET ASIDE . The 12 November 1999 Order of the Regional Trial Court of Olongapo City, Branch 73 in Civil Case No. 432-097 is REINSTATED . SO ORDERED . Quisumbing, (Chairperson), Corona * , Carpio Morales , and Brion, JJ. , concur. * As replacement of Justice Presbitero J. Velasco, Jr., per Special Order No. 558. [1] Rollo , pp. 34-95. [2] Id. at 11-19. The decision was penned by Associate Justice Edgardo Cruz and concurred in by Associate Justices Romeo Brawner and Jose Mendoza. The dispositive portion reads as follows: WHEREFORE, the appealed order of the Regional Trial Court of Olongapo City (Branch 73) is REVERSED and SET ASIDE, while the motion to dismiss filed by Guaranteed Homes, Inc. is DENIED and the complaint is REINSTATED. Let this case be REMANDED to that court for further proceedings. SO ORDERED.