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Fidel Calalang, Et Al. Vs. Intermediate Appellate Court, Et Al.

SPOUSES DR. FIDEL CALALANG and DRA. MARIA GENER CALALANG, and FERDINAND CALALANG, petitioners, vs. INTERMEDIATE APPELLATE COURT (FOURTH CIVIL CASES DIVISION), and HEIRS OF ERLINDA GRUTA, respondents. Francisco A. Lava, Jr. for petitioners. Jose L. Aguilar for private respondents.

G.R. No. 74613 | 1991-02-27

D E C I S I O N


PARAS, J.:

This is a petition for review on certiorari which seeks to reverse, nullify and set aside: (a) the June 28, 1985 decision 1 of the Intermediate Appellate Court (now Court of Appeals) in AC-G.R. No. CV-04384 entitled "Heirs of Erlinda Gruta vs. Ferdinand Calalang, et al." setting aside the decision of the trial court in Civil Case No. 83-18019 (for damages) between the same parties.

The trial court had dismissed the case on the ground of lack of cause of action but the Court of Appeals ordered the case to be remanded to the lower court for further proceedings; and (b) the resolution dated April 28, 1986...