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Gaudencio Guerrero vs. Regional Trial Court (RTC)

GAUDENCIO GUERRERO, petitioner, vs. REGIONAL TRIAL COURT OF ILOCOS NORTE, BR. XVI, JUDGE LUIS B. BELLO, JR., PRESIDING, AND PEDRO G. HERNANDO, respondents.

G.R. No. 109068 | 1994-01-10

FIRST DIVISION
 
D E C I S I O N
 
BELLOSILLO, J.:
 
Filed by petitioner as an accion publiciana 1 against private respondent, this case assumed another dimension when it was dismissed by respondent Judge on the ground that the parties being brothers-in-law the complaint should have alleged that earnest efforts were first exerted towards a compromise. 
 
Admittedly, the complaint does not allege that the parties exerted earnest efforts towards a compromise and that the same failed. However, private respondent Pedro G. Hernando apparently overlooked this alleged defect since he did not file any motion to dismiss nor attack...