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Cosmos Foundry Shop Workers Union vs. Lo Bu

COSMOS FOUNDRY SHOP WORKERS UNION and FILEMON G. ALVAREZ, petitioners, vs. LO BU and COURT OF APPEALS, respondents.

G.R. No. L-40136 | 1975-03-25

D E C I S I O N

FERNANDO, J:

The jurisdiction of respondent Court of Appeals is assailed in this certiorari and prohibition proceeding. It is taken to task for entertaining an appeal from the Court of First Instance on a replevin suit which was correctly dismissed as it had all the earmarks of a subterfuge that was resorted to for the purpose of frustrating the execution of a judgment in an unfair labor practice controversy, one moreover already passed upon and sustained by this Court. Petitioner Cosmos Foundry Shop Workers Union is the prevailing party in that labor dispute which unfortunately had dragged on since 1961, all its efforts to...