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Ledesma Overseas Shipping Corporation vs. Avelino, et al

LEDESMA OVERSEAS SHIPPING CORPORATION, petitioner, vs. HON. CELSO AVELINO, in his capacity as Presiding Judge of CFI of Cebu, Branch XIII, and CEBU STEVEDORING CO., INC., respondents.

G.R. No. L-47698 | 1978-04-28

D E C I S I O N

FERNANDO, J:

The stress of petitioner Ledesma Overseas Shipping Corporation in this Certiorari petition, and quite understandably too, is on the failure of respondent Judge Celso Avelino to abide by the mandate of procedural due process. Such allegation it would justify by the claim that notwithstanding the fact that under a compromise agreement, submitted to the Court as its answer, its liability was fixed in the amount of P8,388.74, the judgment sought to be set aside increased its liability to P16,388.74, plus the additional sums of P1,000.00 as attorney's fees and P1,000.00 as costs and expenses of litigation. Such...