Back

Santiago Goking vs. Rolando R. Villaraza, et al.

SANTIAGO GOKING, petitioner vs. HON. ROLANDO R. VILLARAZA, as Presiding Judge of the RTC of Misamis Oriental, 10th Judicial Region, Br. 23, Cagayan de Oro City, PEOPLE'S TRANS-EAST ASIA INSURANCE CORP. and FIRESTONE TIRE & RUBBER CO. OF THE PHILIPPINES, respondents.

G.R. No. 92462 | 1997-06-02

D E C I S I O N

HERMOSISIMA, JR., J:

To assail as tainted with grave abuse of discretion the Order 1 of Hon. Judge Rolando R. Villaraza which denied the Motion for Execution 2 filed by petitioner Santiago Goking on the ground that the prayer therein to collect from private respondent People's Trans-East Asia Insurance Corporation (hereafter, "People's"), the sum of P76,222.93 representing refund for premium payments, had neither factual nor legal basis, petitioner inevitably filed the herein petition for certiorari. The Decision 3 of the Regional Trial Court, 4 as modified by the Decision 5 of the Court of Appeals, 6 was then due for...