This case has been cited 1 times or more.
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2001-11-16 |
QUISUMBING, J. |
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| Jacob alleged that she and her co-heirs substituted for her deceased father as plaintiffs in Civil Case No. 4145, entitled Julian Jacob v. Domingo Madriaga and Juanita Madriaga, an action for redemption. In connection with the case, she deposited with the trial court the sum of P66,000.00 representing the redemption price. Said amount was received by respondent who issued a receipt therefor.[3] In an order dated November 12, 1997, Civil Case No. 4145 was dismissed by the trial court for lack of jurisdiction.[4] Consequently, on January 27, 1998, complainant, through counsel, filed a motion to withdraw the deposit she had earlier made. The trial court acted favorably on said motion and in two orders, one dated February 3 and the other February 6, 1998, directed respondent to refund the amount to complainant. Respondent, however, failed to do so prompting Judge Aurora A. Gayapa, presiding judge of the MTC, Urdaneta, Pangasinan, to refer the matter to the Office of the Court Administrator for the institution of the proper action against respondent.[5] | |||||