Back

Espanol, Silvertre vs. Court of Appeals, et al.

SILVERTRE ESPANOL, petitioner, vs. HON. COURT OF APPEALS and MARIANO DELA CERNA, respondents.

G.R. No. L-53830 | 1983-09-21

D E C I S I O N 


MELENCIO-HERRERA, J.: 

These two cases trace their roots to CAR Case 317 of the then Court of Agrarian Relations (CAR), Iligan City. That was an action instituted by tenant Silvestre ESPAá'OL against landowner Mariano DE LA CERNA for reinstatement and payment of backshares and damages. Judgment therein having been adverse to DE LA CERNA, the latter appealed to the former Court of Appeals (CA for short). Pending appeal, ESPAá'OL was reinstated. 1 

The background facts, as summarized by the Appellate Court, are as follows: 

"Sometime in March, 1974, defendant-appellant Mariano dela Cerna executed an...