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Dineros vs. Roque

JOSE S. DINEROS in his capacity as Receiver of La Paz Ice Plant and Cold Storage Co., Inc., and RICARDO GUERREA, petitioners, vs. MARCIANO C. ROQUE, MANUEL LEZAMA, JUDGE CARLOS Y. GONZALES, GREGORIO L. LIRA as Provincial Sheriff Ex-Officio of Iloilo, and

G.R. No. L-38837 | 1979-02-27

D E C I S I O N

CONCEPCION JR., J:

This is a petition for mandamus with preliminary injunction to compel the Court of First Instance of Iloilo, Branch VI, presided by respondent Judge Carlos Y Gonzales, to approve and certify the record on appeal filed by petitioners in Civil Case No. 5509, entitled "Jose S. Dineros, et al. vs. Marciano C. Roque, et al."

The essential facts that led to the filing of the instant petition may be summarized as follows:

On December 2, 1959, the Court of First Instance of Manila Branch XVII, rendered in Civil Case No. 39827 a default judgment, ordering the defendant therein, the La Paz Ice Plant and Cold...