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Fortunata Mercado, Et Al. Vs. Alberto Q. Ubay, Et Al.

FORTUNATA MERCADO, BASILIA CUEVAS MERCADO, SOTERA MERCADO and TRINIDAD MERCADO, petitioners, vs. Hon. ALBERTO Q. UBAY, as Presiding Judge of the Court of First Instance of Rizal, Branch XXXII, LUCINA SAMONTE and TRINIDAD M. SAMONTE, respondents.

G.R. No. 35830 | 1990-07-24

D E C I S I O N


MEDIALDEA, J.:

This is a petition for certiorari and prohibition under Rule 65 of the Revised Rules of Court with a prayer for the issuance of a writ of preliminary injunction.

Petitioners seek to enjoin and restrain respondent judge from further proceeding with Civil Case No. C-2442 in the Court of First Instance of Rizal (now Regional Trial Court) on the ground of lack of jurisdiction to annul a final and executory judgment rendered by the Court of First Instance of Cavite

(now Regional Trial Court) in Civil Case No. TM-223.

The antecedent facts are as follows:

On May 18, 1966, petitioners filed an action for...