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De Leon vs. Hontanosas, et al

JUAN DE LEON, petitioner, vs. HON. JUDGE AGAPITO HONTANOSAS, Presiding Judge, Court of First Instance of Cebu, Branch XI: WILLIAM DE LEON and ROSE MARIE DE LEON, respondents.

G.R. No. L-40377 | 1975-10-29

D E C I S I O N

AQUINO, J:

The question in this certiorari and prohibition case is whether the Court of First Instance of Cebu gravely abused its discretion in setting aside its order of default (not its judgment by default) against Rose Marie de Leon in Civil Case No. R-13986 entitled "Juan de Leon vs. William de Leon and Rose Marie de Leon"

The pleadings disclose the following facts:

On June 3, 1974 Juan de Leon filed a complaint against the spouses William de Leon and Rose Marie de Leon (his brother and sister-in-law, respectively) for the collection of the sum of P20,986 plus interest and P2,000 as attorney's fees. He asked for a...