This case has been cited 2 times or more.
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2014-07-02 |
PERLAS-BERNABE, J. |
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| Incidentally, the petition for certiorari and prohibition[43] (docketed as CA-G.R. SP No. 48214) that was actually filed at 2:17[44] in the afternoon of July 7, 1998, (contrary to petitioner's assertion in its Motion to Cancel Pre-Trial that it was to be filed before the July 7, 1998 pre-trial) was resolved by the CA in favor of petitioner in a Decision[45] dated December 6, 1999 (December 6, 1999 CA Decision), where it was determined that the Motion to Strike Out was denied prematurely. On the other hand, the CA declared the petition for voluntary inhibition moot and academic with the appointment of a regular judge for Branch 57. Thus, the Motion to Strike Out was ordered to be resolved by the regular judge. Subsequently, the petition for review on certiorari[46] filed by respondents before the Court (docketed as G.R. No. 143562) to question the December 6, 1999 CA Decision was dismissed by the Court in a Decision[47] dated October 23, 2006. | |||||
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2006-10-23 |
VELASCO, JR., J. |
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| Subsequently, petitioners filed their Joint Answer with Counterclaims in Civil Case No. 91-786. They alleged that the purchase price of PhP 9 million had been offered to the lessee, the respondent in the instant case. Private respondent replied that this allegation be stricken off on the ground of res judicata, asserting that this Court already made a finding of fact in G.R. No. 111538 that petitioner Santos failed to offer the property to PKE for PhP 9 million. Acting Judge Bonifacio Sanz Maceda, the presiding judge of RTC Branch 57, gave the parties time to file their respective pleadings relative to the issue. In the May 18[6] and June 11, 1998[7] Orders, Acting Judge Bonifacio Sanz Maceda denied private respondent's prayer and motion for reconsideration, respectively. Seeking to nullify the foregoing orders on the ground of grave abuse of discretion, private respondent PKE filed on July 7, 1998 a Petition for Certiorari under Rule 65[8] before the CA which was docketed as CA G.R. SP No. 48214 (first CA Petition) and assigned to the Twelfth Division. In essence, private respondent alleged that Acting Judge Maceda committed grave abuse of discretion-when he denied the motion to strike out the allegation in the answer of petitioner Santos on the offer of PhP 9 million as purchase price-without waiting for private respondent's reply to be filed. | |||||