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Espejo, Cresencio vs. Martino Malate

CRESENCIO ESPEJO, petitioner, vs. MARTINO MALATE and COURT OF FIRST INSTANCE OF LEYTE, BRANCH I, respondents.

G.R. No. L-48612 | 1983-01-27

D E C I S I O N


VASQUEZ, J.:

This is a petition for review on certiorari of the order of the Court of First Instance of Leyte in Civil Case No. 5036, dismissing the case on the ground of lack of jurisdiction after the parties had rested their respective cases.

On January 31, 1974, the plaintiff Cresencio Espejo filed said civil case against defendant Martino Malate entitled "Quieting of Title to and Possession of Real Property and Cancellation of Tax Declaration" before the Court of First Instance of Leyte, Branch I, then presided by Judge Gregorio Collantes. The complaint alleged, among others, "that the plaintiff is the absolute...