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Marcelino Domingo Vs. Court of Appeals, et al.

MARCELINO DOMINGO, Petitioner, versus COURT OF APPEALS, AGAPITA DOMINGO, ANA DOMINGO, HEIRS OF GAUDENCIO DOMINGO, namely: DOROTEO DOMINGO, JULITA DOMINGO, AMANDO DOMINGO, and ARCEL DOMINGO; HEIRS OF JULIAN DOMINGO, namely: JULIAN DOMINGO, JR. and PONCIANO DOMINGO; HEIRS OF EDILBERTA DOMINGO, namely: ANITA DOMINGO and ROSIE DOMINGO; HEIR OF FELIPE DOMINGO, namely: LORNA DOMINGO; and HEIRS OF GERONIMO DOMINGO, namely: EMILY DOMINGO and ARISTON DOMINGO represented by ROLANDO DOMINGO, Respondents

G.R. No. 169122 | 2010-02-02

R E S O L U T I O N


CARPIO, J.:

This is a petition[1] for certiorari under Rule 65 of the Rules of Court. The petition challenges the 5 April[2] and 10 June[3] 2005 Resolutions of the Court of Appeals in CA-G.R. SP No. 89023. The Court of Appeals dismissed the petition[4] for certiorari, with prayer for issuance of a temporary restraining order, filed by Marcelino Domingo (Marcelino) for failure to serve the pleadings personally and for failure to provide a written explanation why the service was not done personally.

Before he died, Julio Domingo (Julio) allegedly executed a Deed of Absolute Sale over a 4.1358-hectare parcel of land in...