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ERNESTO R. CRUZ v. CA AND SPS. JOSE AND MIGUELA LOMOTAN

This case has been cited 1 times or more.

2015-08-12
JARDELEZA, J.
Finally, petitioners' contention that the Court of Appeals should have dismissed CA G.R. No. 70717 upon being informed of the filing of CA G.R. No. 71055 and its subsequent dismissal deserves scant consideration. We note that when the Court of Appeals in CA G.R. No. 701771 was informed by petitioners about CA G.R. No. 71055, the latter was already dismissed on technical grounds. Had it still been pending at that time, the ideal solution would have been to consolidate the two petitions, as was done here. The dismissal of CA G.R. No. 71055, however, did not oblige the Court of Appeals in CA G.R. No. 707 I 7 to likewise dismiss the same, considering that it was filed first in time and was the correct mode of appeal. We explained in Cruz, et al. v. Court qf Appeals, et al.:[77]