Pre Trial Digest
Pre Trial Digest
Pre Trial Digest
claim. Clearly, other than the respondents bare allegations, the CA had no
basis to rule, without proof, that the respondents alleged the grounds for
dismissal as affirmative defenses in the answer. The respondents, as the
parties with the burden of proving that they timely raised their grounds for
dismissal, could have at least attached a copy of their answer to the
petition. This simple task they failed to do.
WHEREFORE, the Court DENIES the petition. The Court
AFFIRMS the 30 September 2003 Decision and the 18 March 2004
Resolution of the Court of Appeals in CA-G.R. CV No. 67836.