Back

Loyola, et al. Vs. Hon. CA, et al.

SERAFIN BORRES LOYOLA and JOSE DIAZ DESLATE, petitioners, vs. THE HONORABLE COURT OF APPEALS (THIRD DIVISION), NELLY BORRES LOYOLA, and GAMBY BORRES LOYOLA, assisted by her Guardian Ad-Litem JULIETA B. DECLARO, respondents.

G.R. No. L-27465 | 1971-08-31

D E C I S I O N


MAKASIAR, J:

Petitioners Serafin Borres Loyola and Jose Diaz Deslate pray for the reversal of the resolution promulgated on December 22, 1966 by the Third Division of the Court of Appeals, which dismissed their appeal from the Court of First Instance for having been perfected out of time.

By way of factual background, herein private respondents Nelly Borres Loyola and Gamby Borres Loyola (minor), assisted by guardian ad-litem Julieta B. Declaro filed on October 25, 1950 in the Court of First Instance of Capiz an action for reinvindicacion, recovery of possession of two lots and annulment of contract with damages against...