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Heirs of Saturnina Akut vs. Court of Appeals, et al.

HEIRS OF SATURNINA AKUT, Namely: MARTE, JR., ANACLETA, ENRIQUE, FELIZARDO, LOURDES and DANIEL, all surnamed RACERO; and DR. DOMINGO SURPOSA, petitioner-appellants, vs. COURT OF APPEALS and INSULAR LIFE ASSURANCE CO., LTD., respondents-appellees.

G.R. No. L-45472 | 1982-08-30

D E C I S I O N


TEEHANKEE, J.:

The Court sets aside respondent appellate court's * minute resolutions dismissing petitioners' appeal from an order of default issued by the trial court in the case below for late filing (by six days) of petitioners-defendants' answer to the complaint (which the trial court refused to set aside on the mistaken notion that it had no authority nor discretion to set aside the default order) on the procedural ground that "an order of default is merely interlocutory and not appealable" instead of granting the substantive relief, to which petitioners are clearly entitled, of setting aside the default orders and...