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Sancho R. Jacitno vs. Intermediate Appellate Court

SANCHO R. JACINTO, substituted by his heirs, namely ERNESTO and RUBEN JACINTO, and DOMINGO C. BASCARA, petitioners, vs. INTERMEDIATE APPELLATE COURT, PILAR T. DEL ROSARIO and MARIANO DEL ROSARIO, respondents.

G.R. No. L-66478 | 1988-08-29

D E C I S I O N


FERNAN, C.J.:

Petition for review on certiorari of the decision of the then Intermediate Appellate (now Court of Appeals) which affirmed an Order of the Court of First Instance (now Regional Trial Court) of Rizal, denying a motion for second alias writ of execution dated September 28, 1980 on the ground that it was filed beyond the five-year period provided in Section 6, Rule 39 of the Revised Rules of Court.

Dispute arose from an action for forcible entry and detainer filed by herein petitioner Sancho R. Jacinto (who died during the pendency of the case in the Court of First Instance and was substituted by his heirs...