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Rubio vs. Municipal Trial Court in Cities, Branch 4, Cagayan De Oro City

GIL RUBIO, petitioner, vs. THE HON. MUNICIPAL TRIAL COURT IN CITIES, BRANCH 4, CAGAYAN DE ORO CITY, CITY SHERIFF OF CAGAYAN DE ORO CITY, and SPOUSES LIM LIONG KANG and LIM PUE KING, respondents.

G.R. No. 87110 | 1996-01-24

Republic of the Philippines
SUPREME COURT
Manila
 
THIRD DIVISION
 
D E C I S I O N
 
PANGANIBAN, J.:
 
When is a "writ of demolition" equivalent to a writ of execution? When does a motion for reconsideration not suspend the period to appeal? Is the pendency of (and later a final judgment in) a parallel case where ownership is the main issue "a change in the situation of the parties" sufficient to justify a suspension of a final and executory judgment in an action for ejectment? These questions were raised in this Petition for certiorari under Rule 65 of the Revised Rules of Court to set aside...