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Producers Bank Of The Philippines vs CA, New Cotton (Phil.) Corp., et al

PRODUCERS BANK OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS, NEW COTTON (PHIL.) CORP., LAN SHING CHIN, SHIN MAY WAN and NELSON KHO, respondents.

G.R. No. 125468 | 2000-10-09

D E C I S I O N


QUISUMBING, J.:

This petition for review on certiorari seeks the reversal of the decision of the Court of Appeals dated June 19, 1996, which affirmed the decision of the Regional Trial Court of Makati, Branch 139, in Civil Case No. 88-2662, dismissing the complaint.

The issues raised before this Court are purely procedural. Did the appellate court err in affirming the trial court's ruling that the complaint ought to be dismissed for failure to prosecute? Should the dismissal be with or without prejudice?

The facts, as found by the trial court and by the Court of Appeals, are as follows: On December 9, 1988, Producers...