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Mariano de Guia & Apolonia de Guia vs Ciriaco, Leon, Victorina, etc.

MARIANO DE GUIA and APOLONIA DE GUIA, petitioners, vs. CIRIACO, LEON, VICTORINA, TOMASA and PABLO, all surnamed DE GUIA, respondents.

G.R. No. 135384 | 2001-04-04

D E C I S I O N

PANGANIBAN, J.:

Under the pre-1997 Rules of Civil Procedure, a notice of pretrial must be served separately on the counsel and the client. If served only on the counsel, the notice must expressly direct the counsel to inform the client of the date, the time and the place of the pretrial conference. The absence of such notice renders the proceedings void, and the judgment rendered therein cannot acquire finality and may be attacked directly or collaterally.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, assailing the February 17, 1998 Decision[1] of the Court of Appeals (CA) in CA-GR CV...