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[3/3] City of Ozamiz vs. Lumapas, et al

[3/3] THE CITY OF OZAMIZ, Represented by THE CITY MAYOR, MUNICIPAL BOARD CITY TREASURER, and CITY AUDITOR, petitioner-appellant, vs. SERAPIO S. LUMAPAS and HONORABLE GERONIMO R. MARAVE, respondents-appellees.

G.R. No. L-30727 | 1975-07-15

Part 3


The manifestations of counsel for defendant Raul Arellano in its supplemental motion is not supported by law and jurisprudence considering that the order of dismissal of the Court of the case against defendant Raul Arellano dated August 19, 1969 (page 60) does not constitutes res judicata within the meaning of the Rules of Court so as to bar the filing of the amended complaint admitted by the Court and including defendant Raul Arellano as party defendant, said order of dismissal not being a decision on the merits.

Premises considered, the motion dated August 25, 1971, praying, that the order of the Court dated December 30, 1971,...