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Macawiwili Gold Mining and Development Co., Inc., et al. Vs. CA, et al.

MACAWIWILI GOLD MINING AND DEVELOPMENT CO., INC. and OMICO MINING AND INDUSTRIAL CORPORATION, petitioners, vs. COURT OF APPEALS and PHILEX MINING CORPORATION, respondents.

G.R. No. 115104 | 1998-10-12

D E C I S I O N


MENDOZA, J.:

This is a petition for certiorari to set aside the resolution, dated April 12, 1994, of the Tenth Division of the Court of Appeals in CA-G.R. CV No. 42120, denying petitioners' motion to dismiss the appeal of private respondent from a ruling of the trial court.1 [Per Justice Emeterio C. Cui, and concurred in by Justices Fermin A. Martin, Jr. and Eugenio S. Labitoria.]

The antecedent facts are as follows:

On October 16, 1992, respondent Philex Mining Corporation filed a complaint for expropriation against petitioners Macawiwili Gold Mining and Development Co., Inc. and Omico Mining & Industrial Corporation....