G. R. No. L-18621. February 26, 1965
SALVADOR D. LACUNA, PETITIONER, VS. BOARD OF LIQUIDATORS, PEDRO Q. MOLINA, AS COMMANDING GENERAL OF THE PHILIPPINE AIR FORCE AND COURT OF APPEALS, RESPONDENTS.
REGALA, J.:
This Court, deliberating on the
Motion for Reconsideration filed by the petitioner Salvador D. Lacuna and on the
Verified Urgent Manifestation of Cirilo Damian waiving
his right to intervene as an indispensable party to this suit,
resolves:
First, to deny the Motion for
Reconsideration filed by the petitioner, Salvador D. Lacuna, for having been
filed out of time; and
Second, to reiterate the Resolution of
this Court promulgated on November 28,
1964,
ordering the remand of the records of this case to the court of origin for the
purpose of allowing the assignor’s intervention as an indispensable
party.
The proceedings on the remand
should be limited to the presentation by the intervenor-appellant, Cirilo S.
Damian, of his evidence, and to the corresponding rebuttal evidence of the same
by the other parties.
SO
ORDERED.
Bengzon, C. J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Paredes, Dizon, Makalintal, Bengzon,
J.P. and Zaldivar, JJ., concur.