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Heirs of Santiago C. Divinagracia vs. Ruiz, et al.

HEIRS OF SANTIAGO C. DIVINAGRACIA, Petitioners, versus HONORABLE J. CEDRICK O. RUIZ, Presiding Judge, Branch 39, Regional Trial Court, Iloilo City; GERRY D. SUMACULUB, as Clerk of Court of the Regional Trial Court; CBS DEVELOPMENT CORPORATION, INC. (CBSDC) represented by its President and Chief Executive Officer, ROGELIO M. FLORETE, SR., and DIAMEL INC., represented by ROGELIO M. FLORETE, SR., Respondents.

G.R. No. 172023 | 2010-07-09

D E C I S I O N


CARPIO, J.:

The Case

For review[1] is the 6 October 2005 Decision[2] and 22 February 2006 Resolution[3] of the Court of Appeals in CA-G.R. CEB-SP No. 00040. The Court of Appeals dismissed the petition for certiorari filed by petitioners seeking the nullification of the 13 October 2004 Resolution[4] and the 17 November 2004 writ of execution[5] issued in Corporate Case No. 02-27050. In the assailed resolution, the Court of Appeals denied reconsideration.

The Antecedents

The present controversy originated from Corporate Case No. 02-27050, which involved a Petition for Mandamus and Nullification of Delinquency Call and...