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Alday, Violeta , et al. Vs. Serafin E. Camilon, et al.

VIOLETA ALDAY and ERNESTO YU, petitioners, vs. HONORABLE SERAFIN E. CAMILON, as Judge temporarily presiding over Branch XXV of the Court of First Instance of Rizal (Pasig), SHERIFF OF PASIG, respondents.

G.R. No. L-60316 | 1983-01-31

R E S O L U T I O N


MELENCIO-HERRERA, J.:

The issue for resolution is whether or not respondent Judge gravely abused his discretion in issuing a Writ of Execution to enforce the Decision in Civil Case No. 31725 of his Court for a sum of money entitled "Aboitiz & Co., Inc. vs. Violeta Alday and Ernesto Yu", notwithstanding the fact that petitioners, as defendants and the losing party below, had timely filed a Notice of Appeal and posted a cash appeal bond, but did not submit any Record on Appeal.

There is no question that the Decision of the lower Court adverse to petitioners was rendered on August 13, 1981. Copy thereof was received by...