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Paredes, et al. vs. Moya

SEVERINO PAREDES, and VICTORIO G. IGNACIO, petitioners, vs. THE HON. JOSE L. MOYA, Judge of the Court of First Instance of Manila, Branch IX and CARMENCITA NAVARRO-Administratrix (Substituted for deceased August Kuntze), respondents.

G.R. No. L-38051 | 1974-12-10

D E C I S I O N

FERNANDEZ, J:

This is a petition for certiorari impugning the legality of the order of the respondent court dated November 2, 1973, nullifying its order of execution issued on August 18, 1973 pursuant to the judgment that has become final and executory on June 28, 1973, and the corresponding levy on execution on August 22, 1973 and the public auction sale held on October 2, 1973.

The background facts and circumstances of the instant case are as follows:

Petitioner Severino Paredes commenced a suit on January 4, 1964 in CFI-Manila, docketed as Civil Case No. 55880, 1 for the collection of separation and overtime pays...