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Borromeo, Petra Vda. De vs. Julian B. Pogoy, et al.

PETRA VDA. DE BORROMEO, petitioner, vs. HON. JULIAN B. POGOY, Municipality/City Trial Court of Cebu City, and ATTY. RICARDO REYES, respondents.

G.R. No. L-63277G.R. No. L-63277 | 1983-11-29

D E C I S I O N


ESCOLIN, J.:

Petitioner herein seeks to stop respondent Judge Julian B. Pogoy of the Municipal Trial Court of Cebu City from taking cognizance of an ejectment suit for failure of the plaintiff to refer the dispute to the Barangay Lupon for conciliation.

The intestate estate of the late Vito Borromeo is the owner of a building bearing the deceased's name, located at F. Ramos St., Cebu City. Said building has been leased and occupied by petitioner Petra Vda. de Borromeo at a monthly rental of P500.00 payable in advance within the first five days of the month.

On August 28, 1982, private respondent Atty. Ricardo Reyes,...