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Mendiola vs Court of Appeals, 106 SCRA 130

MARCELO D. MENDIOLA, petitioner, vs. THE HONORABLE COURT OF APPEALS, MAXIMO VITUG, PRAGMACIO VITUG, CONCORDIA KABILING and MARIA FAJARDO, respondents.

G.R. No. L-31705 | 1981-07-27

D E C I S I O N 


GUERRERO, J.: 

This is a petition to review the decision of the Court of Appeals 1 in CA-G.R. No. 43149-R promulgated on January 10, 1970 setting aside the Orders of the Court of First Instance of Pampanga, Branch III. 

Records show that this case originated in the Court of First Instance of Pampanga as Civil Case No. 3348 where a complaint was filed by Marcelo D. Mendiola as special administrator of the Intestate Estate of Donata Montemayor, against Pragmacio Vitug and Maximo Vitug, children of the late Donata Montemayor, and several others. 

The Amended Complaint alleged inter alia, that during her...