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Ferrer,e t al. vs. Villamor

DOMINGO FERRER, IRENEO SANTOS, ADRIANO VELASQUEZ, ALFREDO MEMBRADO, BRAULIO CARGO, JOSE GONZAGA, CIRILO DRAPITE, ALFREDO FERRER, AMADO CUBOS, JULIAN BAUTISTA, RUFINO BALMEO, and RODOLFO VELASCO, petitioners, vs. HONORABLE FLORENCIO VILLAMOR, Presiding Jud

G.R. No. L-33293 | 1974-09-30

D E C I S I O N

FERNANDO, J:

The plea of lack of jurisdiction notwithstanding, respondent Judge of the Court of First Instance, Florencio Villamor, 1 acting on a motion for demolition during the pendency of an appeal, authorized the issuance of an alias writ of execution, petitioners as defendants and losing parties in an ejectment case apparently having failed to post a supersedeas bond. That in brief is the situation that led to the filing of this certiorari proceeding. The question of lack of power was raised in the municipal court of Lupao, Nueva Ecija, the contention of petitioners being that as agricultural lessees, it is the Court...