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Co Chuan Seng,et al. Vs. Court of Appeals, et al.

CO CHUAN SENG, GEORGE TAN, TEODORA TAN ONG, ROSA TAN, ROSITA TAN and MAURO UMALI TAN, petitioners, vs. HON. COURT OF APPEALS, HON. CELESTINO C. JUAN, in his capacity as Presiding Judge of Branch X of the CFI of Manila; and SPOUSES MARTIN DY and D. ANNIE TAN, respondents.

G.R. No. L-50151 | 1984-03-21

D E C I S I O N


MELENCIO-HERRERA, J.:

A "Joint Petition" for Certiorari and Prohibition seeking to set aside the Decision of respondent Appellate Court in CA-G.R. No. 08770-SP, which dismissed a petition also for Certiorari and Prohibition entitled "Co Chuan Seng vs. Hon. Celestino Juan, et al." on the ground that appeal and not Certiorari is the proper remedy.

It is undisputed that the late father of private respondent, D. Annie Tan, mortgaged a parcel of land and the building thereon at Nos. 619, 621, 623 and 625 Carvajal 5t. Binondo, Manila, to the China Banking Corporation (the Bank, for short). For failure to pay the loan secured...