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Aducayen vs. Flores

PEDRO ADUCAYEN, petitioner, vs. HON. DELFIN V. FLORES, as Presiding Judge of Branch XI, Court of First Instance of Rizal, HON. DAVID C. CONCEPCION, as Municipal Judge of Makati, Rizal, and REGAL SALES CENTER, INC., respondents.

G.R. No. L-30370 | 1973-05-25

D E C I S I O N

FERNANDO, J:

What is immediately discernible, even at a glance the most cursory, in this petition for review on certiorari of an order of respondent Court of First Instance Judge, 1 is the marked deviation from a prevailing doctrine of this Court uninterruptedly adhered to over all these years that a denial of procedural due process is a grave jurisdictional defect. It came as a surprise then to have the lower court intone with all solemnity: "It is therefore very clear that the herein plaintiff (now petitioner) has been deprived of a hearing in the lower court. Such being the case the instant complaint for certiorari...