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Carlito V. Sembrano vs. Pedro A. Ramirez, etal.

CARLITO V. SEMBRANO, petitioner, vs. HON. PEDRO A. RAMIREZ, Presiding Judge, Court of First Instance of Manila, Branch XXX and NORTHERN MOTORS, INC., respondents.

G.R. No. L-45447 | 1988-09-28

D E C I S I O N


SARMIENTO, J.:

In this special civil action for certiorari, the petitioner assails as grave abuse of discretion the undue liberality of the respondent judge 1 in giving due course to the private respondent's appeal despite its alleged late perfection.

The facts pertinent to the crucial issue are simple.

On October 9, 1974, the private respondent corporation as plaintiff commenced in the respondent court a suit against the petitioner as defendant for the payment of the unpaid price of a 1971 Vauxhall Victor car purchased by the petitioner from the private respondent. 2 On August 30, 1976, the respondent court dismissed...