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Couple loses certiorari case over lapse in procedure - Vimarsana News

Couple loses certiorari case over lapse in procedure

MANILA - The Court of Appeals (CA) has upheld the decision of a lower court, which said summons to the Provincial Legal Officer (PLO) are required in a suit filed against a municipality. In an 11-page decision written by Associate Justice Elihu Ybanez dated October 19, the appellate court's Eighth Division said Judge Edwin Buffe, of the Odiongan, Romblon Regional Trial Court (RTC) Branch 82, ruled correctly in the case filed by couple Lino and Gemma Morales against the municipality of Looc and its mayor, Lissette Arboleda, in 2019. The couple claimed ownership of a 377-square-meter propert...

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Gemma MoralesBarangay PoblacionLissette ArboledaRomblon Regional Trial CourtProvincial Legal OfficerAssociate Justice Elihu YbanezEighth DivisionJudge Edwin BuffeDeputy Provincial ProsecutorLocal GovernmentLocal Government CodeManila The Court Of Appeals Ca Has Upheld Decision Ofa LowerHich Said Summons To The Provincial Legal Officer Plo Are Required Ina Suit Filed Againsta Municipality In An 11 Page Decision Written By Associate Justice Elihu Ybanez Dated October 19He Appellate Court 39s Eighth Division Said Judge Edwin BuffeF The OdionganOmblon Regional Trial Court Rtc Branch 82Uled Correctly In The Case Filed By Couple Lino And Gemma Morales Against Municipality Of Looc Its MayorLissette ArboledaN 2019 The Couple Claimed Ownership Ofa 377 Square Meter Property In Barangay Poblacion Deputy Provincial Prosecutor Of Romblon Initially Appeared As Counsel For Respondents On Jan 13He Couple Fileda Motion To Declare The Municipality And Arboleda In Default For Failure File An Answer Respond Complaint CourtEnied The Motion Filed By Couple To Declare Municipality And Mayor In Default As Summons Should Have Been Served Plo Provided Under Local Government Code Morales Then Fileda Petition For CertiorariRa Review Of The CaseEfore The Ca Said Rtc Judge Quot Exercised Sound Discretion In Adjudging Thata Declaration Of Default Against Respondents Is Not Availing Present Case And That Answer Filed By Office Provincial Prosecutor For Municipality Mayor Merely Noted Pending Due Service Summons On Private 39 Legal CounselHe Plo Quot TheCcording To The Ca