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Borlongan, Antonio vs. Court of Appeals, et al.

ANTONIO BORLONGAN, petitioner, vs. THE HON. COURT OF APPEALS, THE HON. JUDGE E. LUSTRE (CFI-RIZAL, BRANCH XVII, QUEZON CITY), DIOSCORO MACARAIG and SUSANA MACARAIG, respondents.

G.R. No. L-35102 G.R. No. L-35102 G.R. No. L-35102 | 1983-07-25

D E C I S I O N


ABAD SANTOS, J.:

This is a petition to review the decision of the defunct Court of Appeals which dismissed a petition for certiorari.

The antecedent facts are the following:

In the defunct Court of First Instance of Quezon City, the spouses Dioscoro and Susana Macaraig filed a complaint against Antonio Borlongan for damages due to an alleged breach of contract. After the issues had been joined, the trial judge set the case for pre-trial on October 27, 1970. On that date, both Borlongan and his counsel failed to appear and on motion of the plaintiffs Borlongan was declared in default. The plaintiffs were told to present...