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Derecho vs. Abiera,et al.

ENRIQUE DERECHO, petitioner, vs. CARLOS ABIERA, RAFAEL Q. GASATAYA and NICANOR CAPONONG, respondents.

G.R. No. L-26697 | 1970-07-31

D E C I S I O N 


TEEHANKEE, J: 

An original action of certiorari in forma pauperis against the municipal court's judgment of unlawful detainer against petitioner and the court of first instance's order for execution of said judgment pending appeal for non-filing of supersedeas bond. 

On May 26, 1966, respondent Caponong filed Civil Case No. 415 in the municipal court of Kabankalan, Negros Occidental presided by respondent judge Gasataya for ejectment of petitioner and his wife from the five hectare-riceland owned by respondent Caponong, on the ground that the written five year lease contract executed between them had already...