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Willy Carson, etal. Vs. Gregorio D. Pantanosas etal

WILLY CARSON and SPS. RANTE FABOL and TERESITA CARSON, petitioners, vs. HONORABLE GREGORIO D. PANTANOSAS, JR., JUDGE OF THE MUNICIPAL TRIAL COURT IN CITIES, BRANCH II, CAGAYAN DE ORO CITY and ELPIDIO M. QUIRANTE, respondents.

G.R. No. 75934 | 1989-12-15

D E C I S I O N


GUTIERREZ, JR., J.:

This is an original action for certiorari and prohibition with a prayer for preliminary injunction filed by the petitioners with this Court questioning the order of the Municipal Trial Court of Cagayan de Oro City. The petition asks for the review and the annulment of the order of the respondent judge issuing an alias writ of execution arising from a judgment based on a compromise agreement.

The antecedent facts are as follows:

On July 27, 1983 a complaint for unlawful detainer with preliminary injunction docketed as Special Civil Case No. 9240 was filed by the private respondent Elpidio Quirante...