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Garcia, Jr., et al. Vs. CA, et al

JUAN G. GARCIA, JR. and DOROTEO C. GAERLAN, Petitioners, versus HON. COURT OF APPEALS and GARCIA PASION DEVELOPMENT CORPORATION (GPDC), represented by RAMONA G. AYESA and MARCELO F. AYESA, Respondents.

G.R. No. 171098 | 2008-02-26

D E C I S I O N


CHICO-NAZARIO, J.:

In this Petition for Certiorari, petitioners seek to set aside the Resolutions of the Court of Appeals, dated 29 June 2005[1] and 13 January 2006,[2] which dismissed their Petition in CA-G.R. SP No. 90178 for failure to comply with the requirements of Section 1, Rule 65 of the 1997 Rules of Civil Procedure.[3]

From the records, it appears that petitioners are stockholders of private respondent Garcia Pasion Development Corp. (GPDC), a family corporation duly registered with the Securities and Exchange Commission (SEC). Petitioners are defendants in SP. Proc. No. 03-106410, a stockholders' derivative...