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Cortez, et al vs. Court of Appeals, et al

CONCHITA CORTEZ, ELENA CORTEZ, ROSENDO CORTEZ, JUDINA CORTEZ and FERNANDO CORTEZ, petitioners, vs. HON. COURT OF APPEALS, HON. JUDGE FELIX R. DOMINGO of Branch XV, Court of First Instance of Manila, THE SHERIFF, City of Manila, SPECIAL SHERIFF REYNALDO JA

G.R. No. L-32547 | 1978-05-09

D E C I S I O N

AQUINO, J:

This case is about the propriety of the service of a decision of the Court of Appeals upon appellants' lawyer, who claimed that he had ceased to be their counsel but who was not authorized to withdraw from the case.
The question is whether, after the record had been remanded to the trial court and after a writ of execution had been issued, the Court of Appeals could still set aside that decision on the theory that it did not become final because it had not been properly served upon the appellants.

1. On August 12, 1960, Judge E. Soriano of the Court of First Instance of Manila rendered a decision ordering...