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Claudia Rivera Sanchez vs. Mariano C. Tupas

CLAUDIA RIVERA SANCHEZ, petitioner, vs. HONORABLE MARIANO C. TUPAS, Presiding Judge of the Regional Trial Court, Branch XII of Davao City and Private Respondent ALFONSO ESCOVILLA, respondents.

G.R. No. 76690 | 1988-02-29

D E C I S I O N


PARAS, J.:

This is a petition for review on certiorari seeking to set aside the October 10, 1986 Order of the Regional Trial Court of Davao** in Civil Case No. 17383 dismissing herein petitioner's action for annulment of judgment on the ground of lack of cause of action or prematurity, the same not having been passed upon by the Barangay Court as mandated in Section 12, Rule VI, of P.D. 1508.

Herein petitioner and private respondent are both occupants of a public agricultural land identified as Lot 595, Cad-102 located at Budbud, Tibungco, Davao City. Petitioner claims that the area of 450 square meters, more or less,...