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[2/2] City of Cebu vs. Vicente B. Del Rosario.

[2/2] CITY OF CEBU, Petitioner, versus VICENTE B. DEL ROSARIO, represented by his Attorney-in-Fact PANTALEON U. DEL ROSARIO, Respondent.

G.R. No. 169341 | 2006-11-22

II 
 
THE HONORABLE COURT OF APPEALS ERRED IN FINDING THAT FORUM SHOPPING WAS COMMITTED BY THE PETITIONER.[60] 
 
Petitioner avers that the RTC committed grave abuse of discretion amounting to excess or lack of jurisdiction when it issued the assailed Orders, Writ and Amended Writ of Execution and Notice of Garnishment and that the appellate court erred in affirming the same. Petitioner maintains that respondent failed to establish "good reasons" for execution pending appeal. The bare fact that petitioner had been in actual possession of the property for 18 years and that the purchase price, inclusive of...