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City Gov't of Toledo City vs. Pio Fernandos, etal.

THE CITY GOVERNMENT OF TOLEDO CITY, petitioner, vs. HONORABLE JUDGE PIO FERNANDOS, CFI, CEBU, FLORO ESPINA, FILOMENO TROCIO, RAMONA VAUDIVIA, SPOUSES FRUCTUOSO SIGUE and MARIA BACALSO and LOURDES CANONIGO, respondents.

G.R. No. L-45144 | 1988-04-15

D E C I S I O N


GANCAYCO, J.:

In this petition for certiorari and mandamus, petitioners seek to nullify a decision of the Court of First Instance of Cebu dated October 6, 1975 in an action for eminent domain, the dispositive part of which reads as follows:

"WHEREFORE, in view of the foregoing considerations, the Court hereby renders judgment, to wit:

1. Declaring the City Government of Toledo City entitled to the possession and use of the properties and subject matter of this expropriation proceedings and as specified in Paragraphs IV and V of the complaint, with the right to establish, construct and maintain an extension of the...