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De La Cruz, et al vs. Febreo, et al

ALFREDO DE LA CRUZ and DOMINGA SALIMAO, petitioners, vs. ROGELIO FEBREO, THE PROVINCIAL SHERIFF OF NEGROS OCCIDENTAL, HON. RAFAEL Q. GASTAYA, in his capacity as Municipal Judge of the Municipal Court of Kabankalan, and HON. CARLOS ABIERA, in his capacity

G.R. No. L-33884 | 1978-04-25

D E C I S I O N

FERNANDO, J:

The protection of procedural due process no less than the fundamental doctrine that cautions against the improvident or hasty issuance of a writ of mandatory preliminary injunction is invoked by petitioners in this certiorari and mandamus proceeding. There would have been no need for such a suit had respondent Judge Carlos Abiera, now retired, nullified or set aside the writ of preliminary mandatory injunction issued by the Municipal Court of Kabankalan. What aggravated matters, in their opinion, is that respondent Judge dismissed their petition precisely instituted for that purpose by a court and summary...