Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No.

L-34124 April 30, 1985

MR. & MRS. TADEO P. DAEL, petitioners, vs. THE HON. ERNARDO TE!ES, "# Pr$#i%i&' ()%'$, *o)r+ o, -ir#+ .&#+"&/$ o, Mi#"0i# Ori$&+"l, r"&/1 !... "&% D.ON.S.O EDOROT, !.DAL EDOROT, PON*.ANO EDOROT, PETRA EDOROT, D.OSDADA EDOROT, (2ANA EDOROT, "&% +1$ l"+$ HERM.N.G.LDO EDOROT, r$pr$#$&+$% 34 1i# 1$ir#. !.*TOR EDOROT, PEDR.TO EDOROT "&% (A*O O EDOROT, respondents.

*2E!AS, J.: Petition for Review on certiorari of the Order of the Hon. respondent Presiding Judge of the Court of First Instance of Misamis Oriental !ranch "III, issued on Jul# $%, &'%& in Civil Case (o. )*)& entitled +Mr. , Mrs. -adeo P. .ael versus .ionisio /dorot, et al+, dismissing petitioners0 complaint1 and his Honor0s order of 2ugust &$, &'%& den#ing petitioners0 motion for reconsideration of the said order of dismissal. On Octo3er &', &'%4, petitioners filed with the then Court of First Instance of Misamis Oriental, a complaint for5 +Ownership, Recover# of Possession , .amages+ against the private respondents. -he case was doc6eted in the said court as Civil Case (o. )*)&. -he complaint, among others, alleged that petitioners, then plaintiffs, are the true and a3solute owners in fee simple of a parcel of land with an area of &7,444 s8uare meters, more or less, situated at 2pla#a, Jasaan, Misamis Oriental, having purchased the same from the late /ste3an /dorot on Ma# &% &'9$1 and that sometime in the month of Fe3ruar# &'9:, after the death of /ste3an /dorot, the defendants ;herein private respondents< 3# means of force, threats and intimidation surreptitiousl# occupied the said propert#. Private respondents, through counsel, filed their 2nswer with Counterclaim on Januar# &7, &'&&, claiming that the propert# in 8uestion is owned 3# them pro-indiviso 3# inheritance from their deceased parents. -he issue having 3een =oined, the case was set for pre trial on various occasions in !ranch "III of the Court of First Instance of Misamis Oriental then still presided 3# the Hon. >evero Malvar +to give the parties more chance to arrive at an amica3le settlement.+ 1 In all these pre trial conferences, counsel for private respondents and respondent "idal /dorot appeared. -he latter had a special power of attorne# to appear for defendants .ionisio, .iosdada, Ponciano and Juana. -he two other defendants, Petra and Herminigildo, died long 3efore the filing of the complaint. 2fter June $, &'%&. Judge >evero Malvar was transferred to another =udicial district and respondent Judge !ernardo -eves was appointed to ta6e his place. On June $', &'%& when the case was set for pre trial for the first time 3efore respondent Judge !ernardo -eves, an Order reading as follows
Considering that, as manifested 3efore the Court, two of the defendants died 3efore the filing of this case1 the plaintiffs are here3# given until Jul# &*, &'%& within which to file an amended complaint to include the heirs or representatives of said deceased defendants, furnishing cop# thereof to 2tt#. .umlao.

was issued 3# the respondent Judge.

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