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GERTRUDES CARLOS v. OVERSEAS FACTORS INC.

This case has been cited 1 times or more.

2001-04-27
MENDOZA, J.
Respondent assails the affidavits of Batislaong, Espinosa, and Palma on the ground that they were notarized by a lawyer from petitioner's law firm and that they do not bear the data as to the residence certificates of the affiants.  In addition, respondent claims that petitioner failed to ask the court to declare Batislaong in default despite the latter's failure to answer the complaints filed by Espinosa and Palma, and contends that this is proof of petitioner's bias for her (Batislaong).[5] In response, petitioner claims that there was no need to declare Batislaong in default in Civil Case Nos. 21511 and 21493 because Nava, in her Answer, had disclaimed any interest in the offer of payment of Palma and Espinosa, making the necessity for the defendants to interplead moot and academic as the money would logically be paid to Batislaong.[6]