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SOCORRO S. TORRES, and ROGER VEN S. TORRES, NONETTA T. BANGSAL, and VIVENCIO GEORGE S. TORRES, as heirs of Vivencio T. Torres vs. HON. DEODORO J. SISON, as Presiding Judge, Branch 41, Regional Trial Court, First Judicial Region, Dagupan City, ALICIA B. FABIA, as Clerk of Court VI, Regional Trial Courts, Dagupan City Station and as Ex-Officio Sheriff, and the Spouses CEFERINO ILLUSCUPIDES AND ARACELI CAMACHO-ILLUSCUPIDES

SOCORRO S. TORRES, and ROGER VEN S. TORRES, NONETTA T. BANGSAL, and VIVENCIO GEORGE S. TORRES, as heirs of Vivencio T. Torres, petitioners, vs. HON. DEODORO J. SISON, as Presiding Judge, Branch 41, Regional Trial Court, First Judicial Region, Dagupan City, ALICIA B. FABIA, as Clerk of Court VI, Regional Trial Courts, Dagupan City Station and as Ex-Officio Sheriff, and the Spouses CEFERINO ILLUSCUPIDES AND ARACELI CAMACHO-ILLUSCUPIDES, respondents.

G.R. No. 119811 | 2001-08-30

D E C I S I O N

PARDO, J.:

The case is a special civil action for certiorari with temporary restraining order or preliminary injunction seeking to enjoin respondent Alicia B. Fabian, Clerk of Court and Ex-Officio Sheriff of Dagupan City, from enforcing the writ of execution[1] and to nullify the order[2] of respondent Judge Deodoro J. Sison finding the motion for execution meritorious and the order[3] denying the motion to quash the writ of execution for lack of merit.

The petition also seeks clarification as to which ruling shall prevail in the same case between two (2) allegedly conflicting but final and executory decisions of the...