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Guanzon, Manuel vs. Paterno D. Montesclaros, et al.

Manuel Guanzon vs. Paterno D. Montesclaros, et al.

G.R. No. L-59330 | 1983-06-28

D E C I S I O N


ESCOLIN, J.:

This Court affirms the decision of the Court of First Instance of Cebu in Civil Case No. R-19283 which dismissed the petition for certiorari filed by petitioner, and reiterates the rule that certiorari will not lie where the remedy of appeal is available.

The factual setting of this case is undisputed. On April 15, 1977, respondents Ferdinand Briones and Rosario Briones instituted against petitioner Manuel Guanzon an action for ejectment in the City Court of Cebu, docketed as Civil Case No. 19392. It was prayed that "judgment be rendered in favor of the plaintiffs and against the defendant: ordering the...