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Candida De La Cruz vs. Court of Appeals etal.

CANDIDA DE LA CRUZ, petitioner, vs. HON. COURT OF APPEALS; HON. REGINO T. VERIDIANO II, Judge Presiding over Branch 31 of the Regional Trial Court of Manila; HON. THELMA A. PONFERRADA, Judge Presiding over Branch 18 of the Metropolitan Trial Court of Manila; ANTONIO MENDOZA; and M.L. MAGALING, Deputy Sheriff of Branch 18 of the Metropolitan Trial Court of Manila, respondents.

G.R. No. 81953 | 1989-06-28

D E C I S I O N


GUTIERREZ, JR., J.:

The main issue raised in this petition for review on certiorari is whether or not, under the facts of the case, a petition for relief from a judgment for ejectment can be granted on the ground of alleged excusable negligence.

Petitioner Candida de la Cruz is a lessee of the premises located at 1193-A Flores Corner J. Bocobo Street, Ermita, Manila, owned by private respondent Antonio M. Mendoza, the lessor.

The antecedent facts of the case as narrated by the respondent Court of Appeals are as follows:

"(1) On July 10, 1985, a complaint for ejectment was filed by private respondent Antonio M. Mendoza...