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Asuncion, Jr., Francisco B. Vs. Rosalio C. Segundo, et al.

FRANCISCO B. ASUNCION, JR., petitioner, vs. HONORABLE ROSALIO C. SEGUNDO, in his capacity as Presiding Judge of the Court of First Instance of Pangasinan, Branch V, Villasis Pangasinan, and MAYOR LAUREANO S. PEREZ, respondents.

G.R. No. L-59593 | 1983-09-24

D E C I S I O N


FERNANDO, J.:

The infirmity, fatal in character, that argues against the reversal of an order of dismissal by respondent Judge, Rosalio C. Segundo, of a quo warranto suit on the ground of ineligibility, is quite apparent from the motion to dismiss of private respondent Laureano S. Perez. It was alleged, and correctly so, that the action, if any, had prescribed. The concluding paragraph of such order of respondent Judge speaks for itself: "The Court, after considering all the issues raised by the pleadings of both petitioner and respondent and after hearing their arguments pro and con, is of the considered opinion that...