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Luciano Ello, et al. vs The CA, et al.

LUCIANO ELLO and GAUDIOSA ELLO , Petitioners, versus THE COURT OF APPEALS, SPRINGFIELD DEVELOPMENT CORPORATION, and CONSTANTINO G. JARAULA, Respondents.

G.R. No. 141255 | 2005-06-21

D E C I S I O N 


SANDOVAL-GUTIERREZ, J.: 

Before us is a petition for certiorari[1] assailing the (1) Resolution[2] dated May 31, 1999 of the Court of Appeals in CA-G.R. SP No. 49904 dismissing outright the petition for review filed by spouses Luciano and Gaudiosa Ello, petitioners herein, on 

the ground that they failed to incorporate therein the affidavit of proof of service required under Section 11 in relation to Section 13, Rule 13 of the 1997 Rules of Civil Procedure, as amended; and (2) Resolution dated October 8, 1999 denying their motion for reconsideration. 

In their petition, petitioners averred that on May 15,...