Back

Francisco Milittante, III vs. A. Edrosolano , et al.

FRANCISCO MILITANTE, III, plaintiff-appellant, vs. ANTERO EDROSOLANO and MANUEL BELLOSILO, defendants-appellees.

G.R. No. L-27940 | 1971-06-10

D E C I S I O N


FERNANDO, J:

What is involved in this appeal from an order of dismissal by the lower court is whether or not plaintiff has a cause of action to nullify a judgment obtained, so it was alleged, through collusion, enabling defendant, now appellee Manuel Bellosillo, to acquire on execution the property of the other defendant, now appellee Antero Edrosolano, who was thus afforded a means of escape from satisfying whatever liability might be imposed on him in a then pending case filed by plaintiff for damages for a breach of contract of carriage. A lawsuit is intended precisely to assure that a right may be vindicated. Thereby...