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FGU Insurance Corporation vs. Regional Trial Court of Makati City, Branch 66, and G.P. Sarmiento Trucking Corporation

FGU INSURANCE CORPORATION (Now BPI/MS INSURANCE CORPORATION), Petitioner, vs. REGIONAL TRIAL COURT OF MAKATI CITY, BRANCH 66, and G.P. SARMIENTO TRUCKING CORPORATION, Respondents.

G.R. No. 161282 | 2011-02-23




SECOND DIVISION

D E C I S I O N


MENDOZA, J.:


This is a petition for mandamus praying that the July 1, 2003 and November 3, 2003 orders 1 of the Regional Trial Court Branch 66, Makati City (RTC), which granted the Motion To Set Case For Hearing filed by private respondent G.P. Sarmiento Trucking Corporation (GPS), be set aside and, in lieu thereof, "a decision be rendered ordering the lower court to issue the Writ of Execution in Civil Case No. 94-3009 in consonance with the decision of this venerable court dated August 6, 2002."2


Records show that on June 18, 1994, GPS agreed to transport thirty (30) units of Condura S.D. white refrigerators...