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Lazaga, Ananias S. vs. Candido C. Aguinaldo

SPOUSES ANANIAS S. LAZAGA and IGNACIA RAFOLS LAZAGA, petitioners, vs. THE HONORABLE CANDIDO C. AGUINALDO, in his capacity as Presiding Judge of the CFI Cebu, Branch IX, Cebu City and ATLAS CONSOLIDATED MINING and DEVELOPMENT CORPORATION, respondents.

G.R. No. L-53973 G.R. No. L-53973 | 1983-05-16

D E C I S I O N


GUTIERREZ, JR., J.:

This is a petition for a writ of certiorari seeking to nullify an order of the respondent judge denying the petitioners' "Motion for Issuance of Alias Writ of Execution" to enforce a decision of the Court of Appeals.

Atlas Consolidated Mining and Development Corporation (hereinafter referred to as Atlas) filed a complaint for eminent domain in Civil Case No. 153-BS before the Court of First Instance of Cebu stationed at Barili against various defendants including the petitioners. Atlas needed the property to construct power transmission lines.

The Court of First Instance ordered the petitioners to...