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Paz Mercado, etal. Vs. Court of Appeals, etal.

PAZ MERCADO, CAROLINA S. CHICO, LUCIANA CABRERA, JOAQUIN IGNACIO, ELMER FLORES, AVELINA C. NUCOM, et al., petitioners, vs. HON. COURT OF APPEALS, HON. BENIGNO PUNO, LOLITA C. BULAONG, FLORENTINO AGULTO, SEVERINO SALAYSAY, SUSANA BERNARDINO, et al., respondents.

G.R. No. L-44001 | 1988-06-10

D E C I S I O N


NARVASA, J.:

The question presented by this appeal is whether or not the special civil action of certiorari may be properly resorted to by a party aggrieved by a judgment of a Regional Trial Court (or Court of First Instance) - which became final because not appealed within the reglementary period - to bring about its reversal on the ground that the Court had applied the wrong provision of the Civil Code, and had rendered summary judgment at the instance of the defendants without receiving evidence on the issue of damages allegedly suffered by the plaintiffs, thereby denying them due process.

The private respondents,...