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Filipinas Mills, Inc., Et Al. Vs. Abelardo M. Dayrlt, Et Al.

FILIPINAS MILLS, INC., BUENAVENTURA TAN and VIRGINIA DUMLAO-TAN, petitioners, vs. HON. ABELARDO M. DAYRlT, in his capacity as Presiding Judge of the Court of First Instance of Manila, Branch II, ASSOCIATED CITIZENS BANK and OSCAR V. ATAYDE, in his capacity as the Deputy Sheriff of the CFI-Manila, Branch II, respondents.

G.R. No. 56620 | 1990-12-10

D E C I S I O NN


MEDIALDEA, J.:

This is a petition for certiorari with prayer for preliminary injunction and restraining order seeking to annul the order of the Court of First Instance (now Regional Trial Court) of Manila dated March 31, 1981.

The antecedent facts, as culled from the pleadings, are as follows:

On December 15, 1975, petitioners Filipinas Mills, Inc., Buenaventura Tan and Virginia Dumlao-Tan obtained a loan from Citizens Bank and Trust Company (CBTC) in the amount of P70,000.00 with interest at the rate of 14% per annum to be paid on or before March 16, 1976, as evidenced by a promissory note. However, despite repeated...