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Isidra Vda. De Victoria vs Hon. CA, et al

ISIDRA VDA. DE VICTORIA Substituted by MARIO VICTORIA, Petitioner, versus HON. COURT OF APPEALS, HON. JUANITA T. GUERRERO, Presiding Judge of Regional Trial Court, Branch 37, Calamba, Laguna; HON. FLORENCIO P. BUESER, Presiding Judge, Municipal Trial Court, Calauan, Laguna; EX-OFFICIO SHERIFF – Regional Trial Court, Calamba, Laguna and/or his Deputies; SPOUSES LUIS GIBE and ZENAIDA GIBE and All Persons Acting on their Behalf, Respondents.

G.R. No. 147550 | 2005-01-26



THIRD DIVISION
DECISION

CARPIO MORALES, J.:

Through his appeal by certiorari,[1] petitioner Mario Victoria seeks to set aside the Resolutions of the Court of Appeals promulgated on May 25, 2000 and July 12, 2000, which (1) dismissed petitioner’s special civil action for certiorari[2] and (2) denied petitioner’s motion for reconsideration, respectively.

The antecedents of the case are as follows:

On October 27, 1993, respondent spouses Luis and Zenaida Gibe filed a Complaint for “Ejectment and Damages with a Writ of Preliminary Mandatory Injunction” [3] against Isidra Vda. de Victoria (the mother of herein petitioner Mario Victoria), Eusebio...