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Commodities Sales Corp. vs. La Suerte Bus Co. etal

COMMODITIES SALES CORPORATION, petitioner, vs. LA SUERTE BUS CO., INC, Spouses LAZARO and NIEVES LANDICHO, TEODORICO and PURITA LANDICHO, SOFRONIO and ADELAIDA LANDICHO, PABLO and LEONIDA CATIMBANG, PEPITO and MAYOMA CATIMBANG, GREGORIO and PERLITA LACAP, and HON. PACITA CA?AZARES-NYE, Presiding Judge, Court of First Instance of Davao, Branch III, 16th Judicial District, Davao city, respondents.

G.R. No. 55952 | 1989-03-31

D E C I S I O N


CRUZ, J.:

The respondent judge is faulted for dismissing as tardy a petition for reconstitution of judicial records destroyed during a fire. It is claimed that the petition was not belated under the provisions of Act 3110. The respondent judge insists on her decision, invoking the same statute. We are asked to resolve the impasse and settle the question once and for all.

The fire occurred on January 9, 1979, and razed the Puericulture Center Building in Davao City, where Branches III and IV of the Court of First Instance of Davao were sitting. Everything was reduced to ashes, including the files of the court.

Pursuant...