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J.C. Malolos, etal. Vs Asia Pacific Finance ,etal.

JOSEPHINE CRUZ MALOLOS represented by her HEIRS EMMANUEL, MARIA MARINELA and MARIA MARJORIE, all surnamed MALOLOS, petitioners, vs. ASIA PACIFIC FINANCE CORPORATION and HONORABLE JOSE P. ALEJANDRO, Presiding Judge of Branch XXVI of the Court of First Instance of Manila, respondents.

G.R. No. L-55702 | 1987-01-07

D E C I S I O N


PARAS, J.:

This is a special civil action for certiorari and mandamus seeking: (a) to set aside and nullify the Resolution of Judge Jose P. Alejandro dated August 29, 1980, denying petitioner's Motion to Dismiss on the ground of non-survival of the money claim in Civil Case No. 125887 entitled, "ASIA PACIFIC FINANCE CORPORATION v. E. FRANCISCO LINERS, CO., INC., ELIAS A. FRANCISCO and JOSEPHINE CRUZ MALOLOS," pursuant to Sec. 21, Rule 3 of the Rules of Court, and (b) to command said Judge to dismiss aforesaid case insofar as defendant Malolos is concerned.

Petitioner Josephine Cruz Malolos (deceased) is represented by...