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Borden, et al vs. Hontanosas, et al.

MAURECIO BORDEN and ADELA DE BORDEN, petitioners, vs. HON. AGAPITO HONTANOSAS, Presiding Judge of Branch XI (Bantayan, Cebu), Court of First Instance of Cebu, respondents.

G.R. No. L-30335 | 1971-11-29

D E C I S I O N


REYES, J.B.L., J:

Original petition for certiorari and prohibition to annul the "proceedings of the respondent Judge as the law requires."

On 11 July 1968, Ramon Torralba commenced in the City Court of Cebu an action for ejectment with damages against the spouses Maurecio Borden and Adela de Borden (Civil Case No. R-13060) in that, sometime in 1952, through stealth, strategy, threat and intimidation, he was deprived by the defendants of possession of a portion thereof consisting of about 300 square meters and, despite repeated demands, defendants had refused to vacate the same (Petition. Annex "A").

In their answer,...