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Capuz vs. CA, et al.

AUGUSTO CAPUZ, petitioner, vs. THE COURT OF APPEALS and ERNESTO BANEZ, respondents

G.R. No. 112795 | 1994-06-27

D E C I S I O N

QUIASON, J p:

This is a petition for review on certiorari under Rule 45 of the Revised Rules of Court to reverse and set aside the decision of the Court of Appeals in CA-G.R. SP No. 30030, which affirmed the judgment by default of the Regional Trial Court, Branch 130, Kalookan City in Civil Case No. C-15501.

We grant the petition.

I

On July 15, 1992, private respondent filed a complaint for a sum of money against petitioner with the Regional Trial Court, Branch 130, Kalookan City (Civil Case No. C-15501).

On September 5, petitioner was served with summons.

After petitioner failed to file any answer, private...