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Gitgano, Gregorio vs.Jose C. Borromeo, et al.

GREGORIO GITGANO, plaintiff, vs. HONORABLE JOSE C. BORROMEO, Judge, Court of First Instance of Cebu, ROSALIA DIANO, ESPERANZA F. GARCIA, as Ex-Officio Provincial Sheriff of Cebu, defendants.

G.R. No. L-40429 G.R. No. L-40429 | 1984-11-29

D E C I S I O N


CUEVAS, J.:

This is a petition for review on certiorari which seeks to annul and set aside the Decision of the then Court of First Instance of Cebu, Branch IV, dismissing Civil Case No. R-13513, an action to annul the Order issued on November 3, 1969 also by the then Court of First Instance of Cebu, Branch III, in Land Registration Case No. R-736.

The core of the challenged judgment of dismissal runs thus -

"While a branch of a Court of First Instance may annul a judgment of another branch of the same Court, the Order sought to be annulled was issued on November 3, 1969. Before the filling of this case, an action for...