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Gachon vs. Devera, Jr.

VICTORIA G. GACHON and ALEX GUEVARA, petitioners vs. HON. NORBERTO C. DEVERA, JR., Presiding Judge, Branch XXIV, RTC, Iloilo City; HON. JOSE R. ASTORGA, Presiding Judge, Branch I, Municipal Trial Court in Cities, Iloilo City; and SUSANA GUEVARA, represented by her attorney-in-fact, ROSALIE GUEVARA, respondents.

G.R. No. 116695 | 1997-06-20

D E C I S I O N

PANGANIBAN, J:

May the Rule on Summary Procedure be interpreted liberally to allow the admission of an answer filed out of time due to alleged "oversight"?

This is the main legal question raised in this petition for review assailing the Decision of the Regional Trial Court of Iloilo City, Branch 24, 1 which dismissed a special civil action for certiorari and injunction filed by herein petitioners. The dispositive portion of the assailed RTC Decision reads: 2

"WHEREFORE premises considered, the prayer for the issuance of a writ of preliminary injunction is denied and, with respect to the merits, the instant case...