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Camilo Y. Go, et al. vs CA, et al.

SPS. CAMILO Y. GO and DELIA L. GO, petitioners, vs. COURT OF APPEALS, HON. MARCELINO F. BAUTISTA, JR. and MANUELA REALTY DEVELOPMENT CORP., respondents.

G.R. No. 120040 | 1996-01-29

FRANCISCO, J.:


In this petition for review on certiorari, petitioners spouses Camilo and Delia Go, through counsel, posed this query: "May respondent court be compelled by mandamus to grant the motion for summary judgment when there is no genuine issue as to a material fact raised in the opposition thereto?" 1 The antecedent facts are as follows:

To secure a loan of P93,200.00 with 14% interest p/a, petitioners on June 15, 1978, constituted a real estate mortgage over their house and lot covered by TCT No. 30532 of the Registry of Deeds of Pasay City in favor of herein private respondent Manuela Realty Development Corporation (Manuela)....