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Roncesvalles, Faustino vs. Luis Patola, et al.

FAUSTINO RONCESVALLES, petitioner, vs. LUIS PATOLA AND HONORABLE JUDGE VALERIANO A. DEL VALLE, COURT OF AGRARIAN RELATIONS, Ninth Regional District, Branch II, respondents.

G.R. No. L-27600 | 1981-01-22

D E C I S I O N


FERNANDO, C.J.:

This certiorari prohibition and mandamus petition with a prayer for a writ of preliminary injunction was given due course in view of the significance of the legal question raised, namely, whether or not in an action for ejectment of a tenant, he could be dispossessed by an interlocutory order without any hearing on the merits. In the answer, as well as in the memorandum of private respondent, [1] it was stressed that a temporary dispossession was the proper remedial measure, considering that notwithstanding the admission of ownership, petitioner had persistently refused to deliver the latter's share of...