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Cebu Stevedoring Co. vs. Jose R. Ramolete, et al.

CEBU STEVEDORING COMPANY, INC., petitioner, vs. THE HONORABLE JUDGE JOSE R. RAMOLETE of the Court of First Instance of Cebu, MULTIFARMS AGRO-INDUSTRIAL DEVELOPMENT CORPORATION, ASSISTANT CLERK OF COURT NICOLAS F. JOMUAD, THE PROVINCIAL SHERIFF OF CEBU and/or HER LAWFUL DEPUTY SHERIFF FELIPE V. BELANDRES, respondents.

G.R. No. L-56627 | 1981-08-17

D E C I S I O N


TEEHANKEE, Acting C.J :

The Court set, aside the order of respondent judge dated March 16, 1981, denying the appeal of herein petitioner in Civil Case No. R-17440 of that court, and instead ordering the issuance of a writ of execution, on the alleged ground that at the time lawyer Francisco M. Malilong, Jr. filed on behalf of petitioner (therein defendant) the record on appeal, notice of appeal and appeal bond and perfected petitioner's appeal (admittedly five days before the lapse of the 30-day reglementary period), he "had no authority yet from the defendant to appear as its collaborating counsel," said lawyer having...