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Maria L. Lopez Vs. Northwest Airlines, Inc., Et Al. [ DISSENTING OPINION, MELO, J. ]

MARIA L. LOPEZ, petitioner, vs. NORTHWEST AIRLINES, INC., and REGIONAL TRIAL COURT OF MAKATI, BRANCH 65, respondents.

G.R. No. 106973 | 1993-06-17

Separate Opinions

MELO, J., dissenting:

I am constrained to register my dissent.

The observation is expressed by the majority to the effect that private respondent is estopped from impugning the jurisdiction of the court is concerned. To my mind, private respondent's participation in the case below via the filing of an Answer, the presentation of its evidence, and the absence of objection to the trial court's order requiring the parties to submit their evidence may not be equated to estoppel. It may be recalled that private respondent had no alternative but to go through with the trial after the challenge it posed against the denial of the...