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REPUBLIC v. JOSE LUBIS MASONGSONG

This case has been cited 1 times or more.

2001-02-06
GONZAGA-REYES, J.
On October 20, 1988, Bormaheco, Inc. filed an Ex-parte Petition for the Issuance of a Writ of Possession. By the nature of the petition[15], no notice needed to be served upon persons interested in the subject property. Hence, there was no necessity of giving notice to the Laureano spouses, especially since they already lost all their interests in the properties when they failed to redeem the same. Nonetheless, the RTC of Makati ordered the service of a copy of the petition upon the Laureano spouses.[16] Reynaldo Laureano, as an oppositor, even moved to dismiss the ex parte petition on the ground of lack of jurisdiction of the court over the subject matter of the case. The RTC denied the Motion to Dismiss, so Laureano went up to the Court of Appeals on Certiorari. The petition for certiorari (CA-G.R. SP No. 16284) was dismissed by the Court of Appeals, and the Petition for Review of the dismissal was denied by this Court for lack of merit (G.R. No. 87813).