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Soriano vs. Republic of the Phil., et al.

HEIRS OF THE DECEASED TELESFORO SORIANO thru their Attorney-in-fact: MAMERTO SORIANO, FRANCISCO PIRANTE and VICENTE SORIANO, petitioners, vs. REPUBLIC OF THE PHILIPPINES and THE COURT OF APPEALS, respondents, ATTY. FRANCISCO A. ASTILLA, SR., respondent.

G.R. No. L-35729 | 1974-05-31

R E S O L U T I O N

FERNANDO, J:

The plea in this motion for the reconsideration to set aside our resolution denying due course to a petition to set aside an order of dismissal by respondent Court of Appeals is grounded on the principle that technicality as such should not prevail over substantial justice, with emphasis added by picturing the sad plight of petitioners contending against the mighty power of respondent Republic. While this Court does not lack sympathy for such an approach, enough has not been shown for the motion to merit favorable action. In the aforesaid resolution, moreover, counsel for petitioner, Francisco A. Astilla,...