G.R. No. L-18935 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.

FACTS

The case involves a Motion for Reconsideration filed by petitioner Salvador D. Lacuna and a Verified Urgent Manifestation filed by Cirilo Damian. Damian’s manifestation waives his right to intervene as an indispensable party in the suit.

ISSUE

The primary issues before the Court were: (1) whether to grant Salvador D. Lacuna’s Motion for Reconsideration; and (2) how to proceed given Cirilo Damian’s waiver of his right to intervene as an indispensable party.

RULING

The Court, en banc, resolved as follows:
1. It denied the Motion for Reconsideration filed by petitioner Salvador D. Lacuna for having been filed out of time.
2. It reiterated its Resolution dated November 28, 1964, which ordered the remand of the case records to the court of origin to allow the assignor’s intervention as an indispensable party. Despite Damian’s waiver, the Court maintained the remand order.
The proceedings upon remand were to be limited to allowing the intervenor-appellant, Cirilo S. Damian, to present his evidence, and the other parties to present corresponding rebuttal evidence. The resolution was concurred in by all justices.