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Ernesto Dy Vs. Hon. Gina M. Bibat-Palamos, in her capacity as Presiding Judge of the RTC, Branch 64, Makati City, and Orix Metro Leasing and Finance Corporation

ERNESTO DY, Petitioner, vs. HON. GINA M. BIBATPALAMOS, in her capacity as Presiding Judge of the Regional Trial Court, Branch 64, Makati City, and ORIX METRO LEASING AND FINANCE CORPORATION, Respondents.

G.R. No. 196200 | 2013-09-11

THIRD DIVISION

DECISION

MENDOZA, J.:

This petition for certiorari under Rule 65 of the 1997 Revised Rules of Civil Procedure questions the December 13, 2010 and March 7, 2011 Orders1 of the Regional Trial Court of Makati, Branch 64 (RTC), in Civil Case No. 92-2311, granting the motion for execution of petitioner, but denying his prayer for the return of his cargo vessel in the condition when the possession thereof was seized from him.

The Facts

The present controversy finds its roots in the Court’s decision in Orix Metro Leasing and Finance Corporation v. M/V “Pilar-I” and Spouses Ernesto Dy and Lourdes Dy2...