PHILIPPINE SUPREME COURT JURISPRUDENCE

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EN BANC

G.R. No. L-18935     February 26, 1965

SALVADOR D. LACUNA, Petitioner, vs. BOARD OF LIQUIDATORS, PEDRO Q. MOLINA, as Commanding General of the Philippine Air Force and COURT OF APPEALS, Respondents.

R E S O L U T I O N

REGALA, J.: chanrobles virtual law library

This Court, deliberating on the Motion for Reconsideration filed by the Petitioner Salvador D. Lacuna and on the Verified Urgent Manifestation of Cirilo Damian waiving his right to intervene as an indispensable party to this suit, resolves: chanrobles virtual law library

First, to deny the Motion for Reconsideration filed by the petitioner, Salvador D. Lacuna, for having been filed out of time; and chanrobles virtual law library

Second, to reiterate the Resolution of this Court promulgated on November 28, 1964, ordering the remand of the records of this case to the court of origin for the purpose of allowing the assignor's intervention as an indispensable party.chanroblesvirtualawlibrary chanrobles virtual law library

The proceedings on the remand should be limited to the presentation by the intervenor-appellant, Cirilo S. Damian, of his evidence, and to the corresponding rebuttal evidence of the same by the other parties. So ordered.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.