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Carlos Llorana vs. Tomas Leonidas

CARLOS LLORA?A and CLARITA CATALU?A, petitioners, vs. THE HON. TOMAS LEONIDAS as Judge of the Court of First Instance of Capiz, Branch III and ROSARIO DIZON, MILAGROS GENER, assisted by her husband LUCIANO AGUIRRE, ESTELITA GENER, assisted by FEDERICO ALLAN; ANITA GENER, assisted by her husband ROMEO FRONDOSA; ELENA GENER, assisted by her husband PRIMITIVO VILLEGAS, respondents.

G.R. No. L-39810 | 1988-03-28

D E C I S I O N


MELENCIO-HERRERA, J.:

A special civil action for Certiorari to set aside the Order of respondent Judge of the then Court of First Instance of Capiz, Branch III, dismissing Civil Case No. M-271 of his Court on the ground of res judicata.

Civil Case No. M-271 is an offshoot of three other cases filed with the same Court.

1. Civil Case No. M-87 Precila Gener, et al. vs. Milagros Gener, et al For Recovery of Possession, etc.

On December 19, 1966, Precila Gener, et al., filed Civil Case No. M-87 before the Court of First Instance of Capiz, Branch III, against her mother, Rosario Dizon, her sisters Milagros, Ana, Estelita...