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The Municipality of Hagonoy, Bulacan, represented by the Hon. Felix V. Ople, Municipal Mayor, and Felix V. Ople, in his capacity Vs. Hon. Simeon P. Dumdum, Jr. in his capacity as Presiding Judge of the Regional Trial Court, Branch 7, Cebu City, et al.

THE MUNICIPALITY OF HAGONOY, BULACAN, represented by the HON. FELIX V. OPLE, Municipal Mayor, and FELIX V. OPLE, in his personal capacity, Petitioners, versus HON. SIMEON P. DUMDUM, JR., in his capacity as the Presiding Judge of the REGIONAL TRIAL COURT, BRANCH 7, CEBU CITY; HON. CLERK OF COURT & EX-OFFICIO SHERIFF of the REGIONAL TRIAL COURT of CEBU CITY; HON. CLERK OF COURT & EX-OFFICIO SHERIFF of the REGIONAL TRIAL COURT of BULACAN and his DEPUTIES; and EMILY ROSE GO KO LIM CHAO, doing business under the name and style KD SURPLUS, Respondents

G.R. No. 168289 | 2010-03-22

D E C I S I O N


PERALTA, J.:

This is a Joint Petition[1] under Rule 45 of the Rules of Court brought by the Municipality of Hagonoy, Bulacan and its former chief executive, Mayor Felix V. Ople in his official and personal capacity, from the January 31, 2005 Decision[2] and the May 23, 2005 Resolution[3] of the Court of Appeals in CA-G.R. SP No. 81888. The assailed decision affirmed the October 20, 2003 Order[4] issued by the Regional Trial Court of Cebu City, Branch 7 in Civil Case No. CEB-28587 denying petitioners' motion to dismiss and motion to discharge/dissolve the writ of preliminary attachment previously issued in the case. The...