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Leopoldo Sy Vs. Court Of Appeals, Et Al.

LEOPOLDO SY, petitioner, vs. COURT OF APPEALS, ** ROLANDO JAVIER, Deputy Sheriff, Br. XIX, Metropolitan Trial Court, Manila, and SPOUSES EMETERIO M. CALUGAY and LINA SAMERA, respondents. Romulo, Mabanta, Buenaventura, Sayoc & De los Angeles and Rogelio L. Orio for petitioner. Magsalin Law Offices for private respondents.

G.R. No. 95818 | 1991-08-02

D E C I S I O N


REGALADO, J.:

In this special civil action for certiorari and prohibition, petitioner prays that we declare null and void the resolution 1 of the Court of Appeals, dated October 31, 1990, in CA-G.R. SP No. 22521 for having been issued with grave abuse of discretion amounting to lack of jurisdiction.

The records show that on November 8, 1988, petitioner filed an unlawful detainer case against private respondent Emeterio M. Calugay "and/or all persons claiming under him" with the Metropolitan Trial Court of Manila, Branch XIX, and docketed therein as Civil Case No. 127019-CV. 2 On December 29, 1988, herein private...