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Fortunato Marquiala, Et Al. Vs. Hon. Filomeno Ybanez, Et Al.092 Phil 911

FORTUNATO MARQUIALA, VICTORIA VDA. DE MARQUIALA, BRIGIDA MARQUIALA, and VIRGINIA MARQUIALA PATANGAN, petitioners, vs. HON. FILOMENO YBANEZ, Judge of the Court of First Instance of Dipolog, Zamboanga; THE PROVINCIAL SHERIFF OF DIPOLOG; RICARDO, TERESITA, JOSE, MARCELINA, JULIANA, PRIMITIVO, all surnamed GONZALES, and ALICIA BENDIJO and VICTORINO BENDIJO, JR., respondents.

G.R. No. L-6103 | 1953-04-17

D E C I S I O N


BAUTISTA ANGELO, J.:

This is a petition for prohibition with preliminary injunction seeking to enjoin the respondent Judge from enforcing and carrying out the writ of possession issued by him on June 26, 1952. The writ of preliminary injunction was granted upon petitioners filing a bond in the amount of P300.

Inocentes Marquiala, predecessor-in-interest of petitioners, purchased a parcel of land known as lot No. 3076 from Sofronio Redulla on October 12, 1925 under a pacto de retro sale, which was later made absolute on January 31, 1937.

When cadastral proceedings were instituted in the municipality of Dipolog, Zamboanga,...