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Mary De V. Frauendorff vs. Jose R. Castro, et al.

MARY DE V. FRAUENDORFF, petitioner, vs. JUDGE JOSE R. CASTRO, Presiding Judge of the Court of First Instance of Rizal, Quezon City Branch IX, ZODIAC PHARMACEUTICAL CO., INC. & SAMTOP INVESTMENT & DEVELOPMENT CORPORATION, respondents.

G.R. No. L-51218 | 1981-07-31

R E S O L U T I O N


BARREDO, J.:

Motion for reconsideration of the resolution of May 4, 1981 dismissing the main petition herein.

I
The first point raised in petitioner's motion for reconsideration is that Our resolution of May 4, 1981 is violative of Sec. 2(3) of Article 10 of the new Constitution of the Philippines. It is contended that by Our stating in the questioned resolution that "the title of Samtop to the property in question and its right of possession thereof are hereby deemed finally settled", We passed upon the merits of the case, which petitioner contends might yet be raised by her in an appeal. Such a portrayal of Our...