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Dormitorio, et al vs. Fernandez

AGUSTIN DORMITORIO and LEONCIA D. DORMITORIO, petitioners, vs. HONORABLE JOSE FERNANDEZ, Judge of the Court of First Instance of Negros Occidental, Branch V, Bacolod City, and SERAFIN LAZALITA, respondents.

G.R. No. L-25897 | 1976-08-21

D E C I S I O N

FERNANDO, J:

The filing of this suit for certiorari could have been avoided had there full awareness by petitioners of the legal import and significance of a later decision involving the parties. If such were the case, they would have realized that no grave abuse of discretion, no abuse of discretion for that matter, could be imputed to respondent Judge for issuing the challenged order, 1 setting aside a writ of execution conformably to a petition for relief by private respondent Serafin Lazalita. 2 Insofar as pertinent, it is worded thus: "That the above-mentioned order of Execution to be set aside is based on the...