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Leon Mateo Vs. Court Of Appeals

LEON MATEO and ANA VILORIA MATEO, petitioners, vs. THE HONORABLE COURT OF APPEALS; THE HONORABLE JUDGE DAVID MOJICA, Presiding Judge of Branch XIX, Regional Trial Court of Davao del Sur; THE HONORABLE JUDGE PEDRO CASIA, Executive Judge of the Regional Trial Court of Davao del Sur; ATTY. BONIFACIO J. GUYOT, Clerk of Court of Davao del Sur; JULIA MATEO and FRANCISCO DEL ROSARIO, respondents. Rodolfo S.J. De Leon for petitioners. Carlos A. Cadiente for private respondents.

G.R. No. 83354 | 1991-04-25

D E C I S I O N


SARMIENTO, J.:

This is a petition for review on certiorari assailing the decision dated April 26, 1988 of the respondent Court of Appeals 1 denying the petition for mandamus with preliminary injunction filed by the petitioners.

The antecedent facts are as follows:

On November 9, 1978, the private respondents (then plaintiffs) instituted an action for recovery of possession and/or ownership with damages against the petitioners (then defendants), of a two-hectare piece of land situated in Calamagoy, Magsaysay, Davao del Sur, which land is covered by Transfer Certification of Title No. 9309 in the name of private...