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United Housing Corp. vs. Abelardo M. Dayrit, et al.

UNITED HOUSING CORPORATION, petitioner, vs. HON. ABELARDO M. DAYRIT, SPOUSES JOSE M. TAPIA, JR. and LYDIA C. TAPIA, respondents. Victor H. Volfango for petitioners. Oscar R. Ferrer for private respondents.

G.R. No. 76422 | 1990-01-22

D E C I S I O N

FERNAN, C.J:

Petitioner United Housing Corporation seeks by this petition for certiorari and prohibition: (1) to annul the Order dated October 27, 1986 of the Regional Trial Court of Manila, Branch XXXIX, denying petitioner's motion to dismiss Civil Case No. 37432 and (2) to restrain respondent judge from proceeding with the hearing of aforesaid case. Petitioner likewise prays for a preliminary injunction and/or restraining order to preserve the status quo.

The undisputed facts of this case are as follows:

Jose M. Tapia, Jr. bought Lot 19, Block 28 from United Housing Corporation, owner and developer of UPS-5A...