Supreme Court decisions: Nicanor E. Gabriel, et.al, plaintiffs-appellants, vs. Carolino Munsayac, et.al., defendants-appellees, G.R. No. L-12143, June 30, 1960
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- Title
- Supreme Court decisions: Nicanor E. Gabriel, et.al, plaintiffs-appellants, vs. Carolino Munsayac, et.al., defendants-appellees, G.R. No. L-12143, June 30, 1960
- Language
- English
- Source
- XXV (11) November 30, 1960
- Year
- 1960
- Subject
- Civil procedure
- Actions and defenses (Law)
- Judgments (Law)
- Appellate courts – Ilagan (Isabela)
- Trial courts
- Philippines. Supreme Court
- Gabriel, Nicanor E.
- Munsayac, Carolino
- Rights
-
- Abstract
- The plaintiff, Nicanor Gabriel brought the case to the Court of First Instance of Isabela to claim a certain amount of money allegedly advanced by Carolino Munsayac and Rafael de Leon in a government project in the road of Cagayan Valley. Defendants filed their respective answers setting up defenses and counterclaims to the court, after trial, the court orders Munsayac to pay the plaintiff but in return was also ordered to pay Rafael de Leon the amount appealed for in his counterclaim, while Munsayac filed a motion to dismiss of the appeal on the ground that the notice of appeal was filed beyond the reglementary period and was denied by the court. The court denied the appeal for the reason that it is a Pro-forma which scheme cannot justify a petition for relief.