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Tambunting vs CA

JOSE P. TAMBUNTING, Petitioner, versus COURT OF APPEALS, ESTANISLAWA PANER and HON. JUDGE LEAH S. DOMINGO, Respondents.

G.R. No. 135786 | 2004-07-23

D E C I S I O N




AUSTRIA-MARTINEZ, J.:





This refers to the petition for certiorari filed by Jose P. Tambunting assailing the decision[1] promulgated by the Court of Appeals[2] (CA for brevity) on September 24, 1998 which affirmed the Resolution dated July 17, 1997[3] issued by the Regional Trial Court, Branch 226, Quezon City (RTC for brevity), affirming with modification the Order[4] of Branch 41, Metropolitain Trial Court, Quezon City (MTC for brevity), granting the issuance of an alias writ of execution.



The factual background of the case is as follows:



In the ejectment case[5] filed by respondent against petitioner,...