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VICTORIO N. CRUZ v. CHINA INSURANCE

This case has been cited 1 times or more.

2005-12-15
GARCIA, J.
Dissatisfied with the CA decision in that case, the BIR Commissioner initially filed with this Court a motion for time to file a petition for review, docketed in this Court as G.R. No. 134386. However, on the last day for the filing of the intended petition, the then BIR Commissioner had a change of heart and instead manifested[11] that he will no longer pursue G.R. No. 134386, there being no compelling grounds to disagree with the Court of Appeals' decision in CA-G.R. 40811. Consequently, on September 28, 1998, the Court issued a Resolution[12] in G.R. No. 134386 notifying the parties that "no petition" was filed in said case and that the CA judgment sought to be reviewed therein "has now become final and executory". Pursuant to said Resolution, an Entry of Judgment[13] was issued by the Court of Appeals in CA-G.R. SP No. 40811. Hence, the CA's dismissal of CA-G.R. No. 47895 on the additional ground of stare decisis.