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Alex Demata vs CA, Hon. Dabalos and F Aala

ALEX DEMATA, petitioner, vs. HONORABLE COURT OF APPEALS, HON. ROSARITO F. DABALOS and FRANCISCO AALA, respondents.

G.R. No. 127697 | 1999-02-25

D E C I S I O N


PURISIMA, J.:

The pivotal issue here is whether or not the petition for review before the Court of Appeals was seasonably filed.

The facts that matter are undisputed.

On December 1, 1994, Francisco Aala instituted a case for unlawful detainer against Alex Demata, docketed as Civil Case No. 5895 before the Butuan City Court.

On January 18, 1995, the said defendant moved to dismiss1 [Annex D, Rollo, pp. 37-40.] the complaint on the ground of lack of jurisdiction, citing Section 33 of Batas Pambansa Blg. 129, as amended by Section 3(3) of Republic Act No. 7691, which reads:

"Section 33. Jurisdiction of Metropolitan...