8/9/2019 Boston Equity vs CA

1/1

BOSTON EQUITY vs. CA

FACTS:

Before the Court is a Petition for Review on Certiorari seeking to reverseand set aside: (1) the Decision, 1 dated 28 F en!r" 2##$ and (2) theReso%ution,dated 1 &ugust 2##$ of the Court of &''ea%s in C&*R* +P

o* 88-8$* .he cha%%enged decision granted herein res'ondent/s 'etitionfor certiorari u'on a finding that the tria% court co!!itted grave ause ofdiscretion in den"ing res'ondent/s !otion to dis!iss the co!'%aint

against her* Based on this finding, the Court of &''ea%s reversed and setaside the 0rders, dated 8 ove!er 2## and 22 Dece!er 2##,

res'ective%", of the Regiona% .ria% Court (R.C) of ani%a, Branch 2*

0n 2 Dece!er 1334, 'etitioner fi%ed a co!'%aint for su! of !one"with a 'ra"er for the issuance of a writ of 're%i!inar" attach!ent against

the s'ouses anue% and 5o%ita .o%edo* 6erein res'ondent fi%ed an&nswer dated 13 arch 1338 ut on 4 a" 1338, she fi%ed a otion for5eave to &d!it &!ended &nswer in which she a%%eged, a!ong others,that her husand and codefendant, anue% .o%edo (anue%), is a%read"dead* .he death certificate of anue% states 71 9u%" 133- as the date ofdeath* &s a resu%t, 'etitioner fi%ed a !otion, dated - &ugust 1333, tore;uire res'ondent to disc%ose the heirs of anue%*