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Julia Espiritu vs. Court of the 1st Instance of cavity, et al.

JULIAN ESPIRITU, petitioner, vs. COURT OF FIRST INSTANCE OF CAVITE, and DAVID MIRANDA, respondents.

G.R. No. L-44696 | 1988-10-18

D E C I S I O N

NARVASA, J p:

In the instant special civil action for certiorari, mandamus and prohibition, petitioner Espiritu impugns the writ of the writ of demolition of the respondent Trial Court 1 - issued in execution of the Decision of the Court of Appeals 2 - on the ground that the dispositive portion of said decision is inconsistent with certain of the statements in the body thereof. The petitioner's cause is devoid of merit. The claimed inconsistency does not in fact exist. Indeed, even if the inconsistency be assumed for the sake of argument , the settled ruled isa that the dispositive portion controls and is decisive of the...