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Republic of the Philippines
SUPREME COURT
Manila

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.:

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:

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

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.

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.

The Lawphil Project - Arellano Law Foundation

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