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Municipality of San Fernando, La Union vs. Timoteo Sta. Romana, et al.

MUNICIPALITY OF SAN FERNANDO, LA UNION represented by Mayor LORENZO L. DACANAY, plaintiff-appellee, (respondent), vs. MAYOR TIMOTEO STA. ROMANA, MUNICIPAL TREASURER and their authorized Agents of Luna, La Union and the MUNICIPALITY OF LUNA, LA UNION, defendants-appellants (petitioners).

G.R. No. L-30159 | 1987-03-31

D E C I S I O N

PARAS, J p:

This is a petition for review on certiorari of the November 11, 1968 Order of the Court of First Instance of La Union, the dispositive portion of which reads:

"IN VIEW OF THE FOREGOING CONSIDERATIONS, the preliminary injunction already issued is made permanent and the defendants are enjoined not to prevent the plaintiff from getting sand and gravel from barrio Nalvo Norte."

The undisputed facts of this case are as follows:

The Municipality of San Fernando, La Union which was undertaking a cement road construction around its Supermarket and other municipal projects, needed sufficient gravel and sand from...