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Roberto R. David Vs. Judge Carmelita S. Gutierrez-Fruelda, etc. et al.

ROBERTO R. DAVID, Petitioner, versus JUDGE CARMELITA S. GUTIERREZ-FRUELDA, Honorable Presiding Judge, Branch 43, Regional Trial Court of San Fernando, Pampanga, VICENTE L. PANLILIO, ROBERTO L. PANLILIO, REMEDIOS P. PAPA, ADELWISA P. FERNANDEZ, and LOURDES D. PANLILIO, REPRESENTED BY THEIR ATTORNEY-IN-FACT AND ON BEHALF OF HIMSELF, VICENTE L. PANLILIO, and THE REGISTER OF DEEDS OF PAMPANGA, Respondents.

G.R. No. 170427 | 2009-01-30

DECISION


QUISUMBING, Acting C.J.:

The instant petition for certiorari under Rule 65 seeks to set aside the Orders dated July 15, 2005[1] and September 21, 2005[2] of the Regional Trial Court (RTC) of San Fernando, Pampanga, Branch 43 in Civil Case No. 13008. The RTC had declared petitioner Roberto R. David in default.

The proceedings antecedent to this case are as follows:

On September 17, 2004, private respondents filed a complaint[3] for accounting, reconveyance and damages with prayer for preliminary attachment against petitioner, his wife Marissa David, and the Register of Deeds of Pampanga. Private respondents alleged that...