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Faja vs. Court of Appeals, et al

FELIPA FAJA, substituted by: NEMESIO GARDOSE, ANICIA GARDOSE and EUFROSINO GARDOSE, petitioner, vs. HON. COURT OF APPEALS, HON. TOMAS R. LEONIDAS, JUDGE OF THE COURT OF FIRST INSTANCE OF CAPIZ, BRANCH III, and LEVINE FRIAL, respondents.

G.R. No. L-45045 | 1977-02-28

D E C I S I O N

MUá'OZ PALMA, J:

The summary judgment rendered by Judge Tomas R. Leonidas of the Court of First Instance of Capiz, in Civil Case No. M-355, entitled "Levine Frial, plaintiff versus Felipa Faja, defendant", and affirmed by respondent Court of Appeals, is sought to be set aside in this Petition for having been rendered in gross violation of law resulting in a deprivation of petitioners' right to due process.

We find this Petition meritorious under the rule that summary judgment may be rendered only when, except as to the amount of damages, there is no genuine issue as to any material fact, and that the moving party is...