This case has been cited 1 times or more.
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2002-03-12 |
DE LEON, JR., J. |
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| First of all, It is at once apparent that the first two (2) assignments of errors in this petition behoove this Court to review the finding made by the appellate court that the properties of ISELCO-I were not underinsured. This we cannot do for the simple reason that it would require us to go into the merits of the decision rendered by respondent Judge in Civil Case No. Br. 20-436, which decision in the main case is now subject of a separate appeal by petitioner to the Court of Appeals. Thus, despite the parties' insistent submission of the question of underinsurance for our resolution in this petition, we must reiterate the well-established rule that the merits of the case should not be determined at this stage of the proceedings, in advance of the main appeal taken by the aggrieved party from the judgment rendered by respondent court.[21] | |||||