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Albert Nabus Vs. Court Of Appeals, Et Al.

ALBERT NABUS, petitioner, vs. THE HONORABLE COURT OF APPEALS and MARIANO LIM, respondents. Benjamin C. Reyes for petitioner. Aventino B. Vlaveria & David Allaga for private respondent.

G.R. No. 91670 | 1991-02-07

D E C I S I O N


REGALADO, J.:

This petition for review by certiorari seeks the reversal of the decision 1 of respondent Court of Appeals in CA-G.R. CV No. 15846 which affirmed the order of the trial court dismissing herein petitioner's complaint for rescission with damages on the ground of res judicata.

The records show that on June 22, 1970, herein petitioner Albert Nabus brought an action for reconveyance of a parcel of land against herein private respondent Mariano Lim in the then Court of First Instance of Baguio and Benguet, La Trinidad, Benguet, which was docketed as Civil Case No. 2159 (24), alleging inter alia:

"2. That on...