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Acuna, Leticia G. , et al. Vs. Herminigildo C. Cruz, et al.

LETICIA G. ACUNA, joined by her husband ALBERTO ACU?A, represented herein by their attorney-in-fact, ATTY. BENJAMIN Y. GOLEZ, petitioners, vs. THE HONORABLE HERMINIGILDO C. CRUZ, Presiding Judge of the Municipal Court of Mandaluyong, Metro Manila, THE PROVINCIAL SHERIFF OF RIZAL and LOURDES V. NEPOMUCENO, doing business under the firm name and style LOURDES V. NEPOMUCENO CHILDREN'S PRE SCHOOL HOUSE and LUBIN NEPOMUCENO, respondents.

G.R. No. L-61304 | 1983-01-17

D E C I S I O N


GUTIERREZ, JR., J.:

This is a petition for a writ of certiorari to set aside the July 27, 1982 order of the respondent court denying a motion for an alias writ of execution. The petitioners ask us to compel the court to issue an alias writ of execution and the respondent sheriff to implement it on the ground that a judgment in an ejectment case is executory pending appeal unless the appellant files a sufficient supersedeas bond and deposits the monthly rentals from time to time. We treat the respondents' comment, to which the petitioners filed a reply, as an answer and, accordingly, resolve this petition.

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