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Emiliana S. Dela Cruz vs. CA, et al

EMILIANA S. DELA CRUZ, Petitioner, versus COURT OF APPEALS and HON. ANTONIO C. ALFANE as Judge of RTC Branch 9, Legaspi City and ANTONIO MIRABEL, JR., Respondents.

G.R. No. 156878 | 2007-07-31

DECISION
 


YNARES-SANTIAGO, J.:

This Petition for Review on Certiorari assails the Resolution[1] dated January 16, 2002 of the Court of Appeals in CA-G.R. SP No. 67992 dismissing the Petition for Annulment of Judgment, and the Resolution[2] dated January 15, 2003 denying the Motion for Reconsideration.

The factual antecedents are as follows:

In October 1999, Antonio Mirabel, Jr. filed a Complaint[3] against petitioner Emiliana S. de la Cruz before the Regional Trial Court of Legazpi City praying for the declaration of nullity of the checks he issued and for damages. Summons was duly served on petitioner. After filing an Entry of...