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Insular Veneer,Inc. vs. Andres B. Plan,et al

INSULAR VENEER, INC. and MARTIN TINIO, SR., petitioner, vs. HON. ANDRES B. PLAN, as Presiding Judge of the Court of First Instance of Isabela, 1st Judicial District, and CONSOLIDATED LOGGING AND LUMBER MILLS, INC., respondents.

G.R. No. L-40155 | 1976-09-10

D E C I S I O N

AQUINO, J:

Insular Veneer, Inc. and its president, Martin Tinio, Sr., seek to annul in this certiorari and mandamus case the orders of the Court of First Instance of Isabela, Cauayan Branch II dated August 27 and November 27, 1974, denying their motion to dismiss Civil Case No. II-1147. The grounds of the motion were res judicata and the two-dismissal rule. The antecedent facts are as follows:

On October 10, 1969 Consolidated Logging & Lumber Mills, Inc., a corporation domiciled at Angadanan, Isabela, filed, through its lawyer, Eulogio R. Rodriguez, a complaint for "damages and injunction" against Insular Veneer, Inc....