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Comilang vs. Court of Appeals

MARCOS B. COMILANG, petitioner, vs. THE HONORABLE COURT OF APPEALS (Fifth Division), ABDON DELENELA, GUILLERMO PEREZ, DOMINGA COMILANG and ESTEBAN COMILANG, respondents.

G.R. No. L-37312 | 1975-07-15

D E C I S I O N

ANTONIO, J:

Petition for review by way of certiorari of the decision of the Court of Appeals, promulgated on June 20, 1973.

In the aforesaid decision, the Court of Appeals set aside the decision of the lower court in Civil Case No. 848 (Marcos Comilang vs. Abdon Delenela, et al.) for partition on the ground that "the decision of the Supreme Court in the case of Marcos Comilang vs. Generoso A. Buendia, et al., G. R. No. L-24757, promulgated on October 25, 1967, constitutes res adjudicata insofar as the present case is concerned . . ." Respondent Court of Appeals made the observation that the lower court in its decision...