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Nantes, Heirs of Feliciano vs. Court of Appeals, et al.

HEIRS OF FELICIANO NANTES, represented by LORENZANA NANTES, appellants-petitioners, vs. HON. COURT OF APPEALS, HON. ANGEL A. DAQUIGAN, Presiding Judge of the Court of First Instance of La Union, Branch I, PROVINCIAL SHERIFF OF LA UNION, and the REPUBLIC OF THE PHILIPPINES, plaintiffs-appellees.

G.R. No. L-63531 | 1983-07-25

D E C I S I O N


ABAD SANTOS, J.:

This is a petition to review a resolution of the defunct Court of Appeals in CA-G.R. No. SP-126891, which denied a petition for certiorari for lack of merit. Obviously the petitioners in the Court of Appeals are also the petitioners in this Court.

The issue is simple: whether or not the respondent judge committed a grave abuse of discretion when he denied a motion for extension of time to file a record on appeal and granted a motion to strike out the record on appeal and to issue a writ of execution.

The Court of Appeals held that there was no grave abuse of discretion. This Court holds otherwise.

The...