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Santos vs. Court of Appeals [DECISION]

CIELITO SANTOS, petitioner, vs. COURT OF APPEALS, HON. FRANCISCO X. VELEZ, Presiding Judge, RTC, Branch 57, Makati, Metro Manila, and RHODERICK CASIS, respondents. Arsenio Guinto Lazaro for petitioner. Perez, Fojas, Salinas & Jader for private respondent.

G.R. No. 84954 | 1991-03-22

D E C I S I O N
 
PARAS, J.:
 
Petition for review of the decision[1] of the Court of Appeals which affirmed the decision[2] of the Regional Trial Court of Makati in Civil Case No. 17988, both courts enjoining the court a quo (MTC) from executing the MTC's Orders dated September 26, 1983 and November 20, 1984 in Civil Case No. 6253.  Petitioner Santos claims that said enjoined orders have become final and executory and therefore, can no longer be enjoined.

The undisputed facts of the case are as stated in the decision of the Court of Appeals, to wit:
 
"x x x Factual antecedents show that a house...