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MB Finance Corporation Vs. Bernard P. Abesamis

MB FINANCE CORPORATION, formerly known as Jardine-Manila Finance, Inc., petitioner, vs. HON. BERNARD P. ABESAMIS, Judge, RTC, QC, Branch 85, HUMBERTO A. JAMBORA, ANNABELLE JAMBORA-TALE and GERARD M. JAMBORA, respondents. I.M. Barredo & Associates Law Office for petitioner. Humberto A. Jambora for private respondents.

G.R. No. 93875 | 1991-03-22

D E C I S I O N


NARVASA, J.:

Sought to be nullified in the special civil action of certiorari at bar is the Order of respondent Judge issued on June 18, 1990 in Civil Case No. Q-90-5520, denying the motion to dismiss filed by petitioner (as defendant in the action) which was grounded on bar by prior judgment and failure of the complaint to state a cause of action. To place the issues in proper perspective, a recitation of the antecedents, which are not disputed, will first be made.

Humberto Jambora, Annabelle Jambora-Tale and Gerard M. Jambora were the defendants in a replevin action instituted in the then Court of First Instance at...