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Diona vs. Balangue

LETICIA DIONA, REPRESENTED BY HER ATTORNEY-IN-FACT, MARCELINA DIONA VS. ROMEO A. BALANGUE, SONNY A. BALANGUE, REYNALDO A. BALANGUE, and ESTEBAN A. BALANGUE, JR.

G.R. No. 173559 | 2013-01-07

SECOND DIVISION
 
D E C I S I O N
 
 
DEL CASTILLO, J.:
 
The great of a relief neither sought by the party in whose favor it was given not supported by the evidence presented violates the opposing party's right to due process and may be declared void ab initio in a proper proceeding.
 
This Petition for Review on Certiorari1 assails the November 24, 2005 Resolution2 of the Court of Appeals (CA) issued in G.R. SP No. 85541 which granted the Petition for Annulment of Judgment3 filed by the respondents seeking to nullify that portion of the October 17, 2000 Decision4 of the Regional Trial Court (RTC), Branch 75,...