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Duran vs. Court of Appeals, et al

SENECIO M. DURAN, petitioner, vs. COURT OF APPEALS (Special Second Division composed of Justices RUPERTO G. MARTIN, Chairman, ARSENIO SOLIDUM and JUAN O. REYES, Members), JOSE S. CHAN, ET AL. (PROTACIO POSEO, GERARDO PAREDES, TEODORO DEVORA, PANFILO ENCAR

G.R. No. L-33798 | 1978-07-14

D E C I S I O N

AQUINO, J:

In this special civil action of certiorari, petitioner Senecio M. Duran contends that the Court of Appeals acted with grave abuse of discretion in issuing its resolution dated June 9, 1971, denying his motion to dismiss the appeal of the respondents Jose Chan, et al. That motion was based on the ground that the record on appeal does not show on its face that the appeal was perfected within the reglementary period.

The lower court's decision was rendered after the defendants, now respondents Jose Chan, et al., and their counsel failed to appear at the trial and the plaintiff submitted his evidence ex parte.

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