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Tan vs. Nitafan [CONCURRING OPINION, QUIASON, J.]

LUIS TAN, WILLIAM S. TAN, JOAQUIN S. TAN and VICENTE S. TAN, petitioners, vs. HON. DAVID G. NITAFAN, Presiding Judge, Regional Trial Court, Br. 52, Manila, and ROSITA B. LIM, in her behalf and as Guardian Ad Litem of her minor children, JENNIFER, LYSANDER and BEVERLIE, all surnamed LIMKETKAI, respondents.

G.R. No. 76965 | 1994-03-11

QUIASON, J., concurring:
 
I concur with the ponencia of Justice Josue N. Bellosillo that respondent Judge did not commit any grave abuse of discretion in denying the motion to dismiss of petitioners in Civil Case No. 83-15633 of the Regional Trial Court, Manila.
 
The motion to dismiss was based on the grounds that the civil action for damages arising from the murder of Florentino Lim filed on February 11, 1983, more than nine years after the incident, had prescribed.
 
Previously, Mariano Velez, Jr., a co-defendant of petitioners, filed a motion to dismiss also on the grounds of prescription. Petitioners,...