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San Diego, et al vs. Valdellon, et al

Sps. SERAPIO SAN DIEGO and ASUNCION BALAJADIA, RODANTE SAN DIEGO and LILIA S.D. CHAVEZ, petitioners, vs. HON. NELLY L. ROMERO VALDELLON, Judge, Branch XXII, Court of First Instance of Rizal (Pasig), and REPUBLIC OF THE PHILIPPINES, respondents.

G.R. No. L-45673 | 1977-11-22

D E C I S I O N

FERNANDO, J:

This is the second case where an order of a lower court judge, respondent Judge Nelly L. Romero Valdellon in this instance, in an expropriation proceeding allowing immediate possession, the other respondent this time being the Republic of the Philippines, upon compliance with the applicable Presidential Decrees, 1 is assailed as having been issued either in excess of jurisdiction or with grave abuse of discretion. The challenged order of January 26, 1977 reads as follows: "Acting on plaintiff's 'Manifestation and Motion' dated November 10, 1976 as well as that dated December 15, 1976, the latter motion having...