Back

Teodoro Ybanez, etal. Vs. Court of Appeals, etal.

TEODORO YBA?EZ, CRESCENCIO YBA?EZ, ROMEO YBA?EZ AND ELPIDIO YBA?EZ, petitioners, vs. COURT OF APPEALS AND IGNACIO GO, doing business under the name and style of "Gokee Marketing Company", respondents.

G.R. Nos. 82170 & 82372 | 1989-12-21

D E C I S I O N


MELENCIO-HERRERA, J.:

We uphold the assailed judgment of respondent Court of Appeals 1 ruling that, under the factual milieu, the subsequent filing by respondent, Ignacio Go, of the case for reconveyance of the seized property before the Regional Trial Court of Cebu (CC No. R-22573) did not constitute a legal basis for the dismissal of the action for annulment of the Sheriff's sale he had earlier filed before it (Civil Case No. R-21705).

The relevant facts may be capsulized as follows:

In a suit for ejectment filed on 6 February 1978 before the City Court of Cebu (Civil Case No. R-20041) for non-payment of rentals and...