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Mariano Avila, Et Al. Vs. Lauro L. Tapucar, Et Al.

MARIANO AVILA and MAGDALENA AVILA, petitioners, vs. HON. LAURO L. TAPUCAR, Presiding Judge, Branch 1, Court of First Instance of Agusan del Norte and Butuan City, JULITO BAHAN, CRISTINA BAHAN-PANIS, LUCITA CARTERA, BOY CARTERA and CANDELARIA BAHAN-MENDOZA, respondents. Mariano P. Avilo for and in his own behalf and for the other petitioner. Florentino G. Dumlao, Jr. for petitioners. Jose T. Gonzales for private respondents.

G.R. No. 45947 | 1991-08-27

D E C I S I O N


BIDIN, J.:

In this special action for certiorari, petitioners seek to set aside the (a) Order dated February 8, 1977 dissolving the Writ of Preliminary Injunction issued by Judge Lauro L. Tapucar, Court of First Instance of Agusan del Norte and Butuan City (now Regional Trial Court), Branch I in Civil Case No. 1585 entitled "Julito Bahan, et al. versus Mariano P. Avila, et. al."; and (b) Order dated March 4, 1977 denying the motion for reconsideration thereon, which orders were allegedly promulgated with grave abuse of discretion amounting to an excess of jurisdiction and denial of due process.

The facts are as follows:...