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Solar Team Entertainment, Inc. Vs. Helen Bautista Ricafort, et al.

SOLAR TEAM ENTERTAINMENT, INC., petitioner, vs. HON. HELEN BAUTISTA RICAFORT, in her capacity as Presiding Judge of the Regional Trial Court of Para?aque, Metro Manila (Branch 260), TEAM IMAGE ENTERTAINMENT, INC., FELIX S. CO, JEFFREY C. CAL, and KING CUISIA, respondent

G.R. No. 132007 | 1998-08-05

D E C I S I O N

DAVIDE, JR., J:

At issue is whether respondent judge committed grave abuse of discretion amounting to lack or excess of jurisdiction in denying petitioner's motion to expunge private respondents' answer with counterclaims on the ground that said pleading was not served personally; moreover, there was no written explanation as to why personal service was not accomplished, as required by Section 11 of Rule 13 of the 1997 Rules of Civil Procedure.

The antecedents are not disputed.

On 10 July 1997, petitioner, as plaintiff, filed before the Regional Trial Court (RTC) in Parañaque, Metro Manila, a complaint for...