August 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 197321 : August 31, 2011]
SPS. ATTY. EULALIO B. MENLA, JR. AND REBECCA B. MENLA V. L & R CORPORATION
Please take notice that the Court, Third Division, issued a Resolution dated 31 August 2011, which reads as follows:
G.R. No. 197321 (Sps. Atty. Eulalio B. Menla, Jr. and Rebecca B. Menla v. L & R Corporation).
RESOLUTION
The Court resolves, after review of the records, to DENY the petition for failure to show that the Court of Appeals (CA) erred in denying the spouses' petition for certiorari and declaring that the RTC committed no grave abuse of discretion in denying the spouses' motions. Under Section 3, Rule 17 of the Rules of Court, the plaintiff must only appear on the date of the presentation of his evidence in chief on the complaint to avoid dismissal due to his fault. Likewise, the CA was correct when it declared that the issue on the propriety of the RTC's grant of L & R's petition for the issuance of a writ of possession was not raised before it.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court