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Herminigildo Base, et al. vs. Oscar Leviste, et al.

HERMINIGILDO BASE and PAQUITA FUENTES, petitioners, vs. HON. OSCAR LEVISTE in his capacity as Judge of the Court of First Instance of Capiz, Branch II and GREGORIO DUNO, respondents.

G.R. No. L-52762 | 1980-08-29

D E C I S I O N


DE CASTRO, J.:

In this special civil action of certiorari and mandamus with preliminary injunction, petitioners-spouses Herminigildo Base and Paquita Fuentes seek to annul and set aside the orders dated July 3, 1979 and August 27, 1979 of the respondent Judge in the Civil Case No. V-4137, entitled "Herminigildo Base and Paquita Fuentes, plaintiffs vs. Gregorio Duno, defendant", denying the motion for immediate execution of the judgment pending appeal.

The judgment was one rendered in an ejectment case involving Market Stall No. 10 in the Public Market of Pontevedra, Capiz. The facts on record show that on September 16,...