Title
Vencilao vs. Vano
Case
G.R. No. L-25660
Decision Date
Aug 12, 1966
The court issued a split decision on the plaintiffs' appeal against the dismissal of their land ownership claim and the denial of a motion to declare the defendants in default.
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Case Digest (G.R. No. L-25660)

Facts:

  • Plaintiffs-appellants: Leopoldo Vencilao, Mauro Renoblas, and others.
  • Defendants-appellees: Teodoro Vano, Jose Reyes, Rosario Reyes, and others.
  • Case initiated in the Court of First Instance of Bohol.
  • Plaintiffs sought declaration of lawful ownership and possession of certain land parcels.
  • Plaintiffs requested court to compel defendants to execute deeds of reconveyance.
  • On June 21, 1966, defendants filed a motion to dismiss the plaintiffs' appeal, citing Rule 50, Section 1(i) of the Rules of Court.
  • Lower court previously dismissed the case for fifteen plaintiffs on grounds of res judicata.
  • Court denied the motion to dismiss for remaining plaintiffs.
  • Plaintiffs filed a motion to declare defendants in default, denied on August 25, 1965.
  • Defendants filed their answer with affirmative defenses on September 20, 1965.
  • Plaintiffs sought to disregard this answer, but their motion was denied on October 20, 1965.
  • Plaintiffs appealed the trial court's orders regarding the dismissal of the fifteen plaintiffs and the denial of the motion to declare defendants in default.

Issue:

  • (Unlock)

Ruling:

  • The appeal from the order dismissing the case concerning the fifteen plaintiffs is allowed to proceed.
  • The appeal regarding the denial of the ...(Unlock)

Ratio:

  • The Supreme Court determined that the order dismissing the case for the fifteen plaintiffs was a final order, making it appealable.
  • The order denying the motion to declare the defendants in default was classifi...continue reading

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