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Spouses Latoja etc. vs. Honorable Lim etc.

SPOUSES ARCHIBAL LATOJA AND CHARITO LATOJA, PETITIONERS, VS. HONORABLE ELVIE LIM, PRESIDING JUDGE, BRANCH 1, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, ATTY. JESUS APELADO, REGISTER OF DEEDS, BORONGAN, EASTERN SAMAR, ALVARO CAPITO, AS SHERIFF, BRANCH 2, REGIONAL TRIAL COURT, BORONGAN, EASTERN SAMAR, AND TERESITA CABE, REPRESENTED BY ADELINA ZAMORA, RESPONDENTS.

G.R. No. 198925 | 2016-07-13

D E C I S I O N
 
SERENO, C.J.:
 
This is a Petition[1] for Certiorari, Prohibition, and Mandamus under Rule 65 of the 1997 Revised Rules of Court assailing the Order[2] in Civil Case No. 3488 issued by Hon. Elvie P. Lim (Judge Lim) as acting presiding judge of Regional Trial Court Branch 2 (RTC-Br. 2), Borongan, Eastern Samar. The assailed Order granted the Motion for Issuance of Writ of Possession in favor of respondent Teresita Cabe over the property covered by Original Certificate of Title (OCT) No. 41.

The Petition likewise prays for the issuance of a preliminary injunction and/or temporary restraining order (TRO)...