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J. Antonio Araneta vs. Antonio M. Perez, et al.

J. ANTONIO ARANETA, petitioner, vs. ANTONIO M. PEREZ and the HONORABLE EMIGDIO V. NIETES, Judge of the Court of First Instance of Manila, respondents.

G.R. No. L-26117 | 1980-07-17

D E C I S I O N


BARREDO, J.:

Petition for certiorari and mandamus, seeking, respectively, (1) the annulment of two orders issued by the Court of First Instance of Manila denying, in effect, the motion for execution of the judgment in its Civil Case No. 50707, and, (2) the issuance of a writ to compel the court a quo to grant the writ of execution prayed for to enforce the judgment aforesaid, as affirmed with modification by this Court in G. R. Nos. L-20787 and L-20788. [1]

The background facts are narrated in the decision of this Court in the aforementioned cases, to wit:

"On June 16, 1961, Antonio M. Perez executed a promissory note...