Back

Benjamin Del Rosario, etal vs. Cecilio Balagot etal

BENJAMIN DEL ROSARIO and CONSTANCIA DEL ROSARIO, petitioners, vs. HON. CECILIO F. BALAGOT, etc., and the SPOUSES JUANITO MAGNO and ROSITA GONZALES, respondents.

G.R. No. L-55377 | 1988-10-18

D E C I S I O N


NARVASA, J.:

By this special civil action of certiorari and prohibition the Spouses Benjamin and Constancia del Rosario would have this Court nullify the Order of respondent Judge granting execution pending appeal as having been rendered without or in excess of jurisdiction.

The del Rosarios were sued in an action of unlawful detainer filed by the Spouses Juanito Magno and Rosita Gonzales in the Municipal Court of Solano, Nueva Vizcaya. 1 Despite summons having been duly served on them, the del Rosarios neither filed answer nor appeared before the Court when the case was called for preliminary hearing. They were...