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Globe Asiatique

Posted on Jul 10, 2014 | Hits: 789 | Stock No: #3388
 
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United Arab Emirate City:   Ajman
Region:   Al Rumayla
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Globe
Asiatique wins against Pagibig : CA Decision Final and Executory



Written by Delfin Lee



CA-G.R.SP NO. 128262



DECISION



Page 20 of page 21



The propriety and correctness of the Summary Judgment
is a proper subject of an appeal under Rule 41 as what was resorted to by Faria
and Atty. Bernabe. We are also aware that public respondent’s denial of HDMF’S
Motion of Reconsideration of the Summary Judgment made the case final in view
of its (HDMF’S) failure to file the correct appeal under Rule 41 within the
15-day period and it cannot be corrected by Certiorari (under Rule 65) as a
substitute appeal for a lost one (Under Rule 41). Be that as it may the instant
case is far from being completely final and executor considering that Faria and
Atty. Bernabe have seasonably appealed the same under Rule 41. To pass upon the
above mentioned matter, re propriety and correctness of Summary Judgment now in
the instant petition is not only improper but also hovers on procedural and
jurisdictional matters not to mention that it would be premature as it preempts
the proper and timely adjudication of the respective appeals (of Faria and
Atty. Bernabe) on its merits by this Court at the proper opportune time.



WHEREOF, there being no grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of public rendering the assailed Resolution
dated January 30, 2012 containing the Summary Judgment and the Resolution dated
December 11, 2012 denying HDMF, Faria and Atty. Bernabe’s Motion for
Reconsideration, the instant petition is hereby DISMISSED.



SO ORDERED.



ST EPHEN C. CRUZ



As sociate
Justice



WE CONCUR:



MA GDANGAL M. DE
LEON



As sociate
Justice        ;           ;           ;           ;



EL IHU A. YBANEZ



As sociate
Justice

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May 10, 2017 14:02

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