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Mun. of Binan vs. Jose Mar Garcia. Etal.

MUNICIPALITY OF BI?AN, petitioner, vs. Hon. JOSE MAR GARCIA, Judge of the Regional Trial Court at Bi?an, Laguna (BRANCH XXXIV, Region IV), and ERLINDA FRANCISCO, respondents.

G.R. No. 69260 | 1989-12-22

D E C I S I O N


NARVASA, J.:

Three (3) questions are resolved in the action of certiorari at bar. The first is whether the special civil action of eminent domain under Rule 67 of the Rules of Court is a case "wherein multiple appeals are allowed," 1 as regards which "the period of appeal shall be thirty [30] days," 2 instead of fifteen (15) days. 3 The second is whether or not the Trial Court may treat the "motion to dismiss" filed by one of the defendants in the action of eminent domain as a motion to dismiss under Rule 16 of the Rules of Court, reverse the sequence of trial in order and hear and determine said motion to dismiss, and...