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Alazas, Leandro vs. Juan Y. Reyes, et al.

LEANDRO ALAZAS, petitioner, vs. HON. JUAN Y. REYES, Judge of the Court of First Instance of Cebu, Branch I, GUMERCINDO JIMENEZ, Deputy Provincial Sheriff of Cebu, and ROSARIO MERCADER, respondents.

G.R. No. L-55808 | 1984-08-28

D E C I S I O N


GUTIERREZ, JR., J.:

The petition for "Certiorari", "Prohibition," and "Mandamus" with restraining order and preliminary mandatory injunction seeks to set aside the order of execution pending appeal dated November 11, 1980, and the writs of execution dated November 14, 1980 and December 19, 1980 issued by the respondent court in Civil Case No. R-15492 entitled "Rosario (Charito) Mercader, plaintiff, versus Leandro Alazas, defendant."

On July 28, 1976, respondent Mercader filed a complaint against petitioner Leandro Alazas for the recovery of property and damages with replevin. In her complaint, Mercader alleged that she...