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Macario Diaz Carpio Vs. Court of Appeals, spouses Gelacio G. Gloria and Marcelina Pre Oria

MACARIO DIAZ CARPIO, Petitioner, vs. COURT OF APPEALS, SPOUSES GELACIO G. ORIA and MARCELINA PRE ORIA, Respondents.

G.R. No. 183102 | 2013-02-27




FIRST DIVISION

D E C I S I O N

SERENO, J.:

In this Petition for Certiorari under Rule 65 of the Rules of Court, we are asked to rule whether a case for accion publiciana on appeal with the Court of Appeals (CA) has been rendered moot and academic by an intervening implementation of a writ of execution pursuant to a Regional Trial Court (RTC) Omnibus Order in Civil Case no. 97-148 later voided with finality by this Court.

The Petition seeks to annul and set aside the CA Resolutions 1 dated 4 October 2007 and 28 May 2008. These Resolutions denied petitioner's Manifestation/Motion praying for the dismissal of respondents' appeal, docketed as...