Back

Heirs of Christina Ayuste vs. Court of Appeals [DECISION]

HEIRS OF CHRISTINA AYUSTE, petitioner, vs. COURT OF APPEALS and VIENA MALABONGA, respondents.

G.R. No. 118784 | 1999-09-02

D E C I S I O N
 
GONZAGA-REYES, J.:
 
Before us is a petition for certiorari under Rule 45, asking this Court to review the decision of the Court of Appeals dated January 23, 1995 in CA-G.R. CV No. 38232,[1] which overturned the decision of the Regional Trial Court of Lucena City in Civil Case No. 90-33.

At the outset, we note that Christina Ayuste, the plaintiff in the lower court and the original petitioner herein, died on November 21, 1995.[2] In his Comment dated January 14, 1998 to private respondent’s Manifestation informing the Court of Christina Ayuste’s death, petitioner’s counsel re-affirmed such...