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Leonardo Arcenas vs CA, Hon. Armie Elma, et al

LEONARDO ARCENAS represented by his attorney-in-fact CARMELITA ARCENAS VILLANUEVA, petitioners, vs. THE COURT OF APPEALS, Hon. ARMIE E. ELMA, Presiding Judge of Branch 153, Regional Trial Court of Pasig City, and JOSE DELA RIVA, respondents.

G.R. No. 130401 | 1998-12-04

D E C I S I O N

MARTINEZ, J.:

The decision[1] of the Court of Appeals in CA-G.R. SP No. 43407, dismissing the petition for annulment of judgment filed by petitioner, is impugned in this petition for review on certiorari.

The case takes its roots from Civil Case No. 35349 of the Court of First Instance of Rizal (now Regional Trial Court) which was an action for annulment of the foreclosure sale of a barge. After trial, the trial court rendered judgment on March 21, 1985, the dispositive portion which reads:

"WHEREFORE, judgment is hereby rendered dismissing plaintiff's complaint and sentencing plaintiff Emilio Espino to return the barge...