Back

A.D.Guerrero. Etal. Vs. Mercedes P. Juntilla, etal.

A.D. GUERRERO, PHILIPPINE NATIONAL BANK and SHERIFF OF QUEZON CITY, petitioners, vs. MERCEDES P. JUNTILLA and COURT OF APPEALS, respondents.

G.R. No. 33166 | 1989-05-29

D E C I S I O N


GUTIERREZ, JR., J.:

This petition for certiorari seeks to annul and set aside the decision of the respondent Court of Appeals which upheld the denial by the trial court of the petitioners' motion to dismiss on the grounds that the said trial court has jurisdiction over the case below, that the private respondent has a cause of action against the petitioners and that the same has not prescribed and is not barred by res judicata.

The facts are stated in the questioned decision of the appellate court, to wit:

"On February 6, 1957, a decision was rendered by the Court of First Instance of Manila in Civil Case No. 30159,...