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Daylinda A. Lagua,etal. Vs. Vicente N. Cusi , etal.

DAYLINDA A. LAGUA, MANUEL P. LAGUA, HONORATO ACHANZAR and RESTITUTO DONGA, petitioners, vs. HONORABLE VICENTE N. CUSI, JR., in his capacity as Presiding Judge of the Court of First Instance of Davao City, Branch I, CONSTANCIO MAGLANA and the EASTCOAST DEVELOPMENT ENTERPRISES, respondents.

G.R. No. L-44649 | 1988-04-15

D E C I S I O N


GUTIERREZ, JR., J.:

This petition for mandamus originated from a complaint for damages which was instituted by the petitioners against the private respondents for closing a logging road without authority.

In their complaint, the petitioners, alleged, among others:

In Paragraph 5(a):

"a) On 1 January 1976, Atty. Ernesto Nombrado, legal counsel for defendants, issued a memorandum to the Chief Security Guard of Defendant Eastcoast directing the latter to prevent the passage of Plaintiff Laguas' hauling trucks loaded with logs for the Japanese vessel (there were no other trucks hauling logs at that time) on the national...