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EMETERIO
M. MOZAR,
G. R. No. 79403
November 13, 1989
-versus-
COURT
OF APPEALS,
___________________________________________
HEIRS
OF FRANCISCO GUBALLA, SR.
G. R. No. 78223
November 13, 1989
-versus-
COURT
OF APPEALS
PARAS, J.:
In its motion
for reconsideration dated January
30, 1989, counsel for Spouses Risma and Mozar stated the following:
There is merit in the above contention for actually no discussion on the merits have been made by the spouses Risma and Mozar. We believe that they should have been given an opportunity to file their Appellee's Brief in the Court of Appeals if only to emphasize the necessity of due process. Be it noted that while it is true that instead of remanding the case to the appellate court, the Supreme Court can already decide on the merits from the facts that have been presented to it, still a re-study of this issue yields the conclusion that the facts already before Us are not yet complete, considering that the decision of the trial court and the Appellant's Brief have not yet been presented to this Court. This is in addition to the fact that no Appellee's Brief has as yet been presented by the appellee to the Court of Appeals. Be it noted further that the records of the Court of Appeals on these two cases have not as yet been elevated to the Supreme Court. PREMISES CONSIDERED, the Motion for Reconsideration is granted in the sense that these cases are hereby remanded to the Court of Appeals for further proceedings, that is, to enable the Spouses Risma and Mozar to file their Appellee's Brief in the Court of Appeals. SO ORDERED. Melencio-Herrera, J., is on leave. |
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