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Honoria Lao vs. Eulogio Mencias 21 SCRA 1021

HONORIA LAO and PRIMITIVO LAO, petitioners, vs. HON. JUDGE EULOGIO MENCIAS, of the COURT OF FIRST INSTANCE OF RIZAL, and LINO VICTORINO, LETICIA PIKE, FRANCISCA VDA. DE PIKE, NORMA PIKE, AGATONA NATIVIDAD, FELISA LAKAMBAKAL, respondents.

G.R. No. L-23554 | 1967-11-25

D E C I S I O N 
 
 
FERNANDO, J.: 
 
In this petition for certiorari, the issuance of a writ of execution pending appeal, primarily on the allegation that the motion on which it was based "was not sworn to and no affidavit was attached to substantiate the factual allegations" contained therein, is sought to be quashed and set aside on the ground that respondent Court acted with grave abuse of discretion. 
 
In the petition dated September 18, 1964, it was alleged and admitted that petitioners were defendants in a complaint for rescission of contract and damages with attachment filed with the...