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Toribio, et al vs. Montejo

EUSEBIO TORIBIO, GREGORIA TORIBIO, CIRILA TORIBIO, AGUSTINA TORIBIO, RUPERTA TORIBIO, CONSORCIA TORIBIO, VICTORIANO TORIBIO, MARCIANO TORIBIO, and CATALINA TORIBIO, petitioners, vs. THE HONORABLE GREGORlO D. MONTEJO, Judge of the Court of First Instance,

G.R. No. L-28453 | 1975-03-21

D E C I S I O N

FERNANDO, J:

There is aptness in the characterization by petitioners in this suit for mandamus that the assailed order of the then respondent Judge Gregorio D. Montejo, 1 declaring a decision rendered by him final and executory and disapproving the record on appeal filed by plaintiffs, now petitioners, merely because it was unsigned was inspired by pure technicality. The order on its face then cannot escape the imputation of arbitrariness sufficient to warrant the invocation of procedural due process. It reads thus: "Under consideration is the approval of the Record on Appeal filed by the plaintiffs in this case and...