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Vergara vs. Suelto

DOMINGO VERGARA, SR., petitioner, vs. HON. JOSE T. SUELTO, Presiding Judge of the Municipal Trial Court in Davao City, Branch IV, MANOLITO GUINOO, ROMEO MONTEBON and PORFERIO CABASE, respondents.

G.R. No. L-74766 | 1987-12-21

D E C I S I O N


NARVASA, J.:

Two issues are involved in the instant special civil action of mandamus. The first is whether or not the appropriateness of a summary judgment may ever be so self-evident in a case as to make it well nigh a duty on the part of the Trial Judge to grant the plaintiff\'s motion therefor. The second relates to the propriety of the filing directly with this Court an application for a writ of mandamus against a municipal trial court, considering that jurisdiction to issue this extraordinary writ is also possessed by the Court of Appeals as well as the Regional Trial Court of the district.

To resolve the first...