Back

Victoria Legarda Vs. Court Of Appeals

VICTORIA LEGARDA, petitioner, vs. THE HONORABLE COURT OF APPEALS, NEW CATHAY HOUSE, INC., TEE HONORABLE REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 94, respondents. Singson, Valdez & Associates for petitioner. Lenito T. Serrano for private respondent.

G.R. No. 94457 | 1991-03-18

D E C I S I O N


GANCAYCO, J.:

Nothing is more settled than the rule that the mistake of a counsel binds the client. It is only in case of gross or palpable negligence of counsel when the courts must step in and accord relief to a client who suffered thereby.

The present case is a typical example of such rare exception.

Petitioner Victoria Legarda was the owner of a parcel of land and the improvements thereon located at 123 West Avenue, Quezon City. On January 11, 1985 respondent New Cathay House, Inc. filed a complaint against the petitioner for specific performance with preliminary injunction and damages in the Regional Trial Court...