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Lorenza Ortega vs. Honorable CA, et al.

LORENZA ORTEGA, petitioner, vs. THE HONORABLE COURT OF APPEALS, CARMEN BASCON TIBAJIA and NORBERTO TIBAJIA, JR., respondents.

G.R. No. 125302 | 1998-11-16

D E C I S I O N


VITUG, J.:

In this petition, a purchaser in an execution sale (also called as an "auction vendee") assails the dismissal by the Court of Appeals of her appeal for lack of locus standi. The antecedent facts are sufficiently spelled out in the order, dated 08 January 1993, issued by the trial court; thus-

"On November 25, 1983, plaintiff Felipe L. Abel filed a complaint against the defendants Spouses Carmen Bascon Tibajia and Norberto Tibajia, Jr. to recover the sum of P250,000.00 which defendant Carmen Bascon Tibajia had obtained from the plaintiff, plus moral and actual damages, attorney's fees and costs.

"Upon the...