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Mendiola, et al. vs. Tancinco, et al.

MIGUEL MENDIOLA, ET AL., plaintiffs-appellants, vs. RICARDO TANCINCO, as District Engineer of Samar, ET AL., defendants-appellees.

G.R. No. L-26950 | 1973-07-13

D E C I S I O N

MAKASIAR, J:

This is an appeal from the decision dated May 31, 1966 of the Samar Court of First Instance dismissing plaintiffs' complaint.

The factual background is recounted by the trial court.

On August 16, 1954, a complaint was filed by 126 plaintiffs for mandamus against defendant Ricardo Tancinco, District Engineer of Samar, docketed as Civil Case No. 4398. After said mandamus suit was dismissed on January 8, 1955 without prejudice, the same 126 plaintiffs plus 62 others filed on March 29, 1955 another complaint for quo warranto with mandamus against the same defendant and the provincial governor, members of the...