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De Leon vs. Court of Appeals

RODOLFO DE LEON, petitioner, vs. COURT OF APPEALS and SPOUSES ESTELITA and AVELINO BATUNGBACAL, respondents.

G.R. No. 138884 | 2002-06-06

D E C I S I O N

QUISUMBING, J.:

Before us is a special civil action for certiorari and prohibition under Rule 65 of the Rules of Court. It seeks to annul and set aside the resolution[1] dated January 13, 1999 of the Court of Appeals, in CA-G.R. CV No. 57989, denying petitioner's motion (a) to dismiss the appeals of private respondents, and (b) to suspend the period to file appellee's brief. Also assailed is the CA resolution[2] dated April 19, 1999, denying petitioner's motion for reconsideration.

The antecedent facts are as follows:

On March 11, 1996, petitioner Rodolfo de Leon filed with the Regional Trial Court of Bataan, Branch 3,...