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Gabi Multi Purposecooperative, Inc. vs RP

GABI MULTI PURPOSECOOPERATIVE, INC., Petitioner, versus REPUBLIC OF THE PHILIPPINES, Respondent.

G.R. No. 155126 | 2004-11-09

DECISION




PANGANIBAN, J.:





A relocation survey faithfully conducted pursuant to a trial court order cannot be invalidated on an unsubstantiated allegation of irregularities. Thus, the trial court grossly abused its discretion in setting aside the relocation survey and in ordering a new one.



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* On leave.

The Case


Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, assailing the April 29, 2002 Decision[2] and the September 4, 2002 Resolution[3] of the Court of Appeals (CA) in CA-GR SP No. 61444. The challenged Decision disposed as follows:



"WHEREFORE, premises considered, the...