This case has been cited 1 times or more.
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2006-08-11 |
YNARES-SANTIAGO, J. |
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| On April 3, 2000, the respondent spouses Diaz filed a motion to dismiss[8] Civil Case No. 1006 on the ground of res judicata. They alleged that petitioners previously filed an action for injunction with damages docketed as Civil Case No. 764 (first action) entitled Pablo De Leon, represented by Isaias L. Llavata v. Spouses Emmanuel and Nellie Diaz before the Regional Trial Court of Bontoc, Mountain Province, Branch 36.[9] The said case had for its subject the same parcel of land and was founded upon the same Deed of Absolute Sale dated December 26, 1983. Per order dated September 30, 1991, Civil Case No. 764 was dismissed for failure of petitioner De Leon to appear during pre-trial and to prosecute his cause within a reasonable length of time.[10] | |||||