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JESUS P. GARCIA vs. COURT OF APPEALS, ET AL.

JESUS P. GARCIA, petitioner, vs. COURT OF APPEALS, JOSE RECOLETO and JUDITH A. RECOLETO, respondents.

G.R. No. L-34620 | 1977-04-29

FERNANDO, J.:

The facts of this certiorari, prohibition, and mandamus proceedings are simple and uncomplicated. The Court of First Instance of Cebu having on September 30, 1970 rendered a decision in favor of petitioner against private respondents, the spouses Jose Recoleto and Judith A. Recoleto, in an action for the recovery of a portion of Lot No. 1357 of the Banilad Friar Lands Estate in Cebu City, the latter filed on January 21, 1971 a notice of appeal and thereafter on January 28, 1971, a record on appeal, which did not state when such decision was received by them. 1 Then on February 11, 1971, they filed a motion "seeking to detach...