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Antonio Martinez, etal. Vs. E.S. De La Merced, etal

SPOUSES ANTONIO MARTINEZ AND BENEDICTA BALATBAT MARTINEZ, petitioner, vs. THE HONORABLE JUDGE EUFROCINIO S. DE LA MERCED, BIENVENIDO U. JUAN and SACRED HEART SCHOOL MALABON, INC., respondents.

G.R. No. 82039 | 1989-06-20

D E C I S I O N


GANCAYCO, J.:

Raised in this petition for review on certiorari is a novel issue in procedural law. More particularly, the question posed by petitioners is whether or not the preliminary conference under the Rules of Summary Procedure 1 can be waived, albeit impliedly, by failing to object to its non-observance in the proceedings had before the inferior court.

The subject provision is contained in Section 6 of the above mentioned rule which states:

"SEC. 6. Preliminary Conference. Not later than thirty (30) days after the last answer is filed, the case shall be calendared for a preliminary conference. Among other...