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Leonor Fernandez, etal. Vs. Francis Militante etal

LEONOR P. FERNANDEZ, CONNIE P. HALL, BERNARDO PERALTA and MARIANO FERNANDEZ, petitioners, vs. THE HONORABLE FRANCIS J. MILITANTE, in his capacity as Judge, Court of First Instance of Cebu, Branch XII, ESTRELITO P. CAPUTOLAN, GONZALO P. CAPUTOLAN, RAQUEL C. ANIBAN, ESTANISLAO L. CAPUTOLAN and WILFREDO ANIBAN, respondents.

G.R. No. L-59801 | 1988-05-31

D E C I S I O N


CORTES, J.:

The case at bar involves the assumption of jurisdiction by a trial court over a complaint without prior conciliation proceedings between the parties before the Lupong Tagapayapa as prescribed by Pres. Dec. No. 1508 (Katarungang Pambarangay Law). This Court issued a Temporary Restraining Order on March 9, 1982 enjoining respondent Judge from taking further action in the case during the pendency of the petition.

The facts are simple. Private respondents brought action against petitioners before the then Court of First Instance of Cebu, Branch XII, for "Declaration of Nullity of Deed of Sale and of Transfer...