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 | | On October 11, 1977, petitioners’ predecessor-in-interest, the late Jose L. Madarieta II filed with the Court of First Instance, Branch IV, Camiguin (now Regional Trial Court, Branch 28, Mambajao, Camiguin) a complaint for quieting of title, injunction and damages against respondents. |
 | | After answer to the complaint, the trial court conducted trial on the merits until termination of the case, but was unable to decide the case due to the retirement of the presiding judge. |
 | | On July 26, 1996 the trial court dismissed the action for revival, Civil Case No. 526, ruling that the earlier action, Civil Case No. 245, cannot be revived because it is barred by the finality of the latter case’s dismissal, which is tantamount to an adjudication on the merits. |
| www.supremecourt.gov.ph /jurisprudence/2000/feb2000/126443_feb.htm (820 words) |
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