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Consolidated Bank And Trust Corp. Vs. Intermediate Appellate Court

THE CONSOLIDATED BANK AND TRUST CORPORATION (SOLIDBANK), petitioner, vs. HON. INTERMEDIATE APPELLATE COURT, PHILIPPINE KNITTING MILLS, INC., SPOUSES LUIS CHENG, SPOUSES TOMAS CHENG, SPOUSES CARLOS CRUZ & CHENG KIEM HUEN CRUZ, respondents.

G.R. No. 73777 | 1990-09-12

D E C I S I O N


CRUZ, J.:

The petitioner is questioning the resolution of the respondent court dated January 10, 1986, setting aside a decision promulgated by one of its divisions after the death of the ponente.

The ponente was the late Justice Simeon M. Gopengco, who passed away on July 20, 1985. The decision was signed by him, with Justices Lino M. Patajo, Jose F. Racela, Jr., and Fidel P. Purisima concurring. The first page of the decision indicated that it had been promulgated on July 19, 1985, the day before Justice Gopengco's death. However, the other records of the respondent court show otherwise.

It appears therefrom that the...