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Ernesto R. Cruz, et al. vs CA, et al

Ernesto R. Cruz, Lucia Nicio and Guillermo Coquilla, petitioners, vs. Court of Appeals, and Spouses Jose and Miguela Lomotan, respondents.

G.R. No. 134090 | 1999-07-02

D E C I S I O N


PURISIMA, J:

At bar is a special civil action for certiorari under Rule 65 of the Revised Rules of Court ascribing grave abuse of discretion to the Court of Appeals when, despite a finding of forum-shopping, it did not order the dismissal of the two cases filed by the respondent spouses, Jose Lomotan and Miguela Lomotan, against the herein petitioners, one for injunction and the other for unlawful detainer, and instead, allowed the said cases to prosper.

The antecedent facts of the case are as follows:

Sometime in 1975, the spouses Jose Lomotan and Miguela Lomotan purchased from Jose San Pedro a parcel of land located...