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Enervida vs. de la Torre, et al.

ROQUE ENERVIDA, petitioner, vs. LAURO DE LA TORRE and ROSA DE LA TORRE, respondents.

G.R. No. L-38037 | 1974-01-28

D E C I S I O N

ESGUERRA, J:

In this appeal certified by the Court of Appeals to this Court as involving purely a question of law, We affirm the dismissal order dated March 29, 1966, of the Court of First Instance of Davao in its Civil Case No. 3886, entitled "Roque Enervida vs. Lauro de la Torre and Rosa de la Torre," but modify the award of damages by eliminating moral damages.

The dispositive portion of said Order reads as follows:

"Considering the fact that the plaintiff has no cause of action against the defendants and has no legal capacity to sue, and considering further that he is prompted with malice and bad faith in taking...