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Intestate estate of Alexander Ty vs. Court of Appeals, et al.

THE INTESTATE ESTATE OF ALEXANDER T. TY, represented by the Administratrix, SYLVIA S. TY, petitioner, vs. COURT OF APPEALS, HON. ILDEFONSO E. GASCON, and ALEJANDRO B. TY, respondents.

G.R. No. 112872 | 2001-04-19

D E C I S I O N


MELO, J.:

Before the Court are two separate petitions for Certiorari, G.R. 112872 under Rule 65 alleging grave abuse of discretion amounting to lack or excess of jurisdiction, and G.R. No. 114672 under Rule 45 on purely questions of law. As these two cases involve the same parties and basically the same issues, including the main question of jurisdiction, the Court resolves to consolidate them.

On February 27, 2001, the Court issued its resolution in A.M. 00-9-03 directing the re-distribution of old cases such as ones on hand. Thus, the present ponencia.

The antecedent facts are as follows:

Petitioner Sylvia S. Ty was married to...