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De Vocal vs. De Suria, et al

ROSITA S. VDA. DE VOCAL, plaintiff-appellant, vs. MATILDE VDA. DE SURIA, SPOUSES ENRIQUE SURIA and TERESITA VOCAL, ET AL., defendants-appellees.

G.R. No. L-26281 | 1979-05-31

D E C I S I O N

ABAD SANTOS, J:

This is an appeal from the order dated December 13, 1965, of the Court of First Instance of Negros Occidental dismissing Civil Case No. 7628 which was filed by herein appellant Rosita S. Vda. de Vocal, on grounds of res judicata, prescription of action and lack of cause of action.

Civil Case No. 7628 was filed on July 9, 1965, for recovery of a sum of money. It appears from the complaint that the plaintiff (now appellant) and the defendants (now appellees), with the exception of defendant Matilde Vda. de Suria who is the surviving spouse of Marcelino Suria, brother of plaintiff, are the direct descendants...