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Citytrust Banking Corp. vs. Court of Appeals, etal.

CITYTRUST BANKING CORPORATION, petitioner, vs. THE HONORABLE FOURTH DIVISION, COURT OF APPEALS and WILLIAM SAMARA, respondents.

G.R. No. 82009 | 1989-04-10

D E C I S I O N


GANCAYCO, J.:

Can the execution of a final judgment be prevented by the appeal therefrom of a co-defendant? Can the said appeal inure to the benefit of the defendant who did not appeal? These are the issues in this appeal by certiorari from the resolution of the Fourth Division of the Court of Appeals 1 dated February 5, 1988 denying a motion for reconsideration of its earlier decision on the ground that the appeal of petitioner was filed way out of time, i.e., 51 days from notice of the decision of the Regional Trial Court (Branch 160) of Pasig, Metro Manila. 2

The antecedent facts of the case are as follows:

On...