This case has been cited 3 times or more.
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2012-01-18 |
SERENO, J. |
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| To recover its Valle Verde property, CCC filed with the Regional Trial Court of Pasig City, Branch 167 (RTC Pasig),[20] on 21 February 1992, an action for terceria (third-party claim) against Reynoso and Quezon City Deputy Sheriff Edgardo Tanangco. CCC prayed that (1) the levy on the Valle Verde property be declared void; (2) respondents be enjoined from consolidating ownership over the property pending resolution of the suit; and (3) respondents be enjoined from making further levies on petitioner's properties to answer for any liability under the Decision in Civil Case No. Q-30583. | |||||
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2007-06-26 |
AUSTRIA-MARTINEZ, J. |
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| He did not appeal the case to the Court of Appeals; or avail themselves of other remedies under the law.[25] The CA equated the foregoing behavior of said counsels to extrinsic fraud in that it impaired Bitanga's right to due process and rendered the proceedings in Criminal Case No. 103677 a farce. Citing a ruling of the appellate court in Sps. Carlos and Erlinda Ong v. Nieves Jacinto, et al.,[26] the CA held:While it is true that neglect or failure of counsel to inform his client of an adverse judgment resulting in the loss of his right to appeal will not justify setting aside a judgment that is valid and regular on its face, this rule is not unbending and admits of exceptions as where reckless or gross negligence of counsel deprives the client of due process. This Court believes, and so holds, that the enumerated deplorable acts and omissions of petitioner's counsel on record, finding no abatement either later from his court-appointed lawyer, taken together, more than suffice to paint a clear picture of delinquency, gross negligence and recklessness constitutive of extrinsic fraud.[27] | |||||
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2000-11-22 |
YNARES-SANTIAGO, J. |
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| Previously, on February 21, 1992, General Credit Corporation instituted a complaint before the Regional Trial Court of Pasig against Bibiano Reynoso IV and Edgardo C. Tanangco, in his capacity as Deputy Sheriff of Quezon City,[14] docketed as Civil Case No. 61777, praying that the levy on its parcel of land located in Pasig, Metro Manila and covered by Transfer Certificate of Title No. 29940 be declared null and void, and that defendant sheriff be enjoined from consolidating ownership over the land and from further levying on other properties of General Credit Corporation to answer for any liability under the decision in Civil Case No. Q-30583. | |||||