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Imperial vs. de la Cruz, et al.

ANTONIO IMPERIAL, petitioner, vs. RAFAEL DE LA CRUZ, District Judge of Camarines Sur, JULIAN RELEVANTE and JUAN OCFEMIA, respondents.

G.R. No. L-37121 | 1973-12-28

D E C I S I O N

TEEHANKEE, J:
The Court sets aside respondent Court's questioned orders and holds in accordance with the applicable Rules of Court that plaintiff's non-suit in a forcible entry case appealed to the court of first instance by defendant from the inferior court's adverse judgment results in the unqualified dismissal of the case and that such dismissal cannot operate - as held by respondent court - to revive the vacated judgment which no longer exists in contemplation of law.
The case originated in the Naga City court. 1 Respondent Julian Relevante as plaintiff filed a complaint for forcible entry against petitioner Antonio...