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Concepcion Dela Rosa vs. Tarcela Fernandez

CONCEPCION DELA ROSA, petitioner, vs. TARCELA FERNANDEZ, as natural guardian of the minors SHEILA, NILO and JOSE, JR., all surnamed FERNANDEZ, HON. EDUARDO C. TUTAAN, Judge, CFI of Rizal (Q.C.), and the SHERIFF OF MANILA, respondents.

G.R. No. 46127 | 1989-04-18

D E C I S I O N


NARVASA, J.:

The proceedings at bar originated from an action filed by Jose Fernandez in the Court of First Instance at Quezon City, 1 described by that Court as one "mainly for recovery of the sum representing his share in the proceeds of the sale of a bakery, proportionate to the amount he contributed in a partnership he had with his deceased brother, husband of defendant Concepcion de la Rosa." 2 Judgment was rendered on September 21, 1971 on the basis of plaintiffs evidence only, defendants and their counsel having failed to appear for trial despite notice.

The evidence established that Jose Fernandez and his...