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Sps Caviles vs 17th Div. CA, Tiaong Rural Bank, Inc., et al

SPOUSES ALENDRY CAVILES and FLORA POTENCIANO-CAVILES, petitioners, vs. THE HONORABLE SEVENTEENTH DIVISION,* COURT OF APPEALS, TIAONG RURAL BANK, INC., CRISPIN K. CASTILLO, and FELIX MARCELLANA in his capacity as Deputy Sheriff, Regional Trial Court, Fourth Judicial Region, respondents.

G.R. NO. 126857 | 2002-09-18

D E C I S I O N

AUSTRIA-MARTINEZ, J.:

Petitioners spouses Alendry Caviles and Flora Potenciano-Caviles assail the Resolutions rendered by the Court of Appeals on August 2, 1996 and October 16, 1996 in CA-G.R. SP No. 38839,[1] dismissing their appeal for failure to Prosecute and denying their motion for reconsideration, respectively.

Records show that petitioners obtained several loans from respondent Tiaong Rural Bank, Inc. The former mortgaged in favor of the latter, several of their properties located in Makati, Manila and Cabuyao, Laguna. Disputing the total amount of the loan obtained by them, petitioners filed on March 11, 1988...