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City of Naga as rep by Mayor Jesse M. Robredo Vs. Hon. Elvi John S. Asuncion etc

CITY OF NAGA, as represented by Mayor Jesse M. Robredo, Petitioner, versus HON. ELVI JOHN S. ASUNCION, as ponente and chairman, HON. JUSTICES JOSE C. MENDOZA and ARTURO G. TAYAG, as members, 12th DIVISION, COURT OF APPEALS, HON. JUDGE FILEMON MONTENEGRO, Presiding Judge, Regional Trial Court, Branch 26, Naga City; ATTY. JESUS MAMPO, Clerk of Court, RTC, Branch 26, Naga City, SHERIFF JORGE B. LOPEZ, RTC, Branch 26, Naga City, THE HEIRS OF JOSE MARIANO and HELEN S. MARIANO represented by DANILO DAVID S. MARIANO, MARY THERESE IRENE S. MARIANO, MA. CATALINA SOPHIA S. MARIANO, JOSE MARIO S. MARIANO, MA. LEONOR S. MARIANO, MACARIO S. MARIANO and ERLINDA MARIANO-VILLANUEVA, Respondents.

G.R. No. 174042 | 2008-07-09

DECISION
 
QUISUMBING, J.:
 
This petition for certiorari and prohibition under Rule 65 of the Rules of Court seeks the reversal of the Resolution[1] dated August 16, 2006 of the Court of Appeals in CA-G.R. SP No. 90547 which denied the Application for a Writ of Preliminary Prohibitory Injunction[2] filed by petitioner.

Challenged as well is the Order[3] dated August 17, 2006 of the Regional Trial Court (RTC) of Naga City, Branch 26 in Civil Case No. RTC 2005-0030 for unlawful detainer which granted respondents' Motion to Issue Writ of Execution[4] filed on August 16, 2005 and denied petitioner's Motion for Inhibition[5] filed...