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City of Iloilo vs Judge Legaspi

THE CITY OF ILOILO, Represented by HON. JERRY P. TRENAS, City Mayor, Petitioner, versus HON. JUDGE EMILIO LEGASPI, Presiding Judge, RTC, Iloilo City, Branch 22, and HEIRS OF MANUELA YUSAY, Represented by SYLVIA YUSAY DEL ROSARIO and ENRIQUE YUSAY, JR., Respondents.

G.R. No. 154614 | 2004-11-25

D E C I S I O N 


CHICO-NAZARIO, J.: 

Via a Petition for Certiorari and Prohibition with Prayer for Issuance of a Writ of Preliminary Injunction and Temporary Restraining Order, the City of Iloilo, represented by Mayor Jerry P. Treñas, seeks the nullification and/or modification of the Order dated 05 June 2002 of Honorable Emilio Legaspi, Presiding Judge, Regional Trial Court, Branch 22, Iloilo City, denying its Motion for Reconsideration of the court's Order dated 15 April 2002, holding in abeyance the resolution of the Motion for Issuance of Writ of Possession until after it shall have rested its case. 

The factual...