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Loquias vs. Rodriguez,et al

GABRIEL LOQUIAS, petitioner, vs. CESARIO RODRIGUEZ, JOSE FORRO and PEDRO SAMSON ANIMAS, Judge of the Court of First Instance of South Cotabato, 16th Judicial District Branch II, respondents.

G.R. No. L-38388 | 1975-07-31

D E C I S I O N

FERNANDO, J:

The invocation by petitioner in this certiorari proceeding of procedural due process appears to be more than justified. He made the explicit allegation that the order of dismissal of his complaint for recovery of possession of land with damages was issued by respondent Judge 1 on January 9, 1974 without any notice being served on him that the case would be heard that day. 2 There was no denial of such an assertion in the one-page, three-paragraph answer of private respondents. All that was therein stated was that the case was set for pre-trial on that date but with none of the parties appearing, there was a...