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Amalia Vda. De Suan, et al. vs. Eriberto A. Unson, et al.

AMALIA VDA. DE SUAN, JACOBO SUAN, CAMILA SUAN, ROSALINDA SUAN, BENJAMIN PARILLA, FE SUAN and ULPIANO ALVARICO, petitioners, vs. ERIBERTO A. UNSON, in his capacity as Sheriff Ex-Officio of Davao, HON. VICENTE N. CUSI, JR., in his capacity as Judge of the Court of First Instance of Davao, Branch I, SEGUNDO EMPASIS and LORENZO L. EVICTA, respondents.

G.R. No. 30716 | 1990-05-18

D E C I S I O N


PARAS, J.:

This special civil action for prohibition with application for a writ of preliminary injunction, assails the decision of respondent Judge Vicente M. Cusi in Civil Case No. 5654 of the Court of First Instance of Davao, 16th Judicial District, Branch I.

Civil Case No. 5654 was an action for "Cancellation of Document, Recovery of Possession and Damages" instituted by herein petitioners against herein private respondents. On November 27, 1967, a decision was rendered in the said case with the following dispositive portion:

"WHEREFORE, judgment is hereby rendered:

"1. Dismissing the complaint;

"2. Finding the...