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Rufina Fajardo, et al. Vs. Alberto Comandante, et al.

RUFINA FAJARDO, VIRGILIO FAJARDO, MARIA AUREA FAJARDO, ISABELO FAJARDO and CARMINA GENOVEVA FAJARDO-SULLIVAN, represented by their Attorney-in-Fact, PIA CECILIA B. CASTILLO, Petitioners, versus ALBERTO COMANDANTE, substituted by MARIALITA M. COMANDANTE, ARTHUR M. COMANDANTE, MARITES C. AYOSO, ANGELITA C. HANDY and ERIBERTO COMANDANTE, Respondents

G.R. No. 185396 | 2009-11-24

D E C I S I O N


ABAD, J.:

This case is about a collateral attack of a final order of dismissal of the trial court after the party against whom it was rendered failed to file a motion for its reconsideration or a notice of appeal from it.

The Facts and the Case

On March 8, 2004 petitioner Rufina Fajardo and her husband, Victor Fajardo (the Fajardos), filed a complaint[1] against respondent Alberto Comandante (Alberto) and the Register of Deeds of Iba, Zambales, before the Regional Trial Court (RTC) of Olongapo City.[2] The Fajardos asked the court to annul the deed of sale that they supposedly executed in Alberto's favor on February 7,...