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Z. Godinez, et al. vs. The CA, et al

ZOSIMO GODINEZ, ELIZABETH GODINEZ and EDWIN GODINEZ, Petitioners, versus THE COURT OF APPEALS, HON. OSCAR G. TIROL in his capacity As Presiding Judge, Regional Trial Court, Branch 1, Tagum City, Davao del Norte, and DELFINA VILLAGE SUBDIVISION HOMEOWNERS ASSOCIATION, Respondents.

G.R. No. 154330 | 2007-02-15

D E C I S I O N
 


SANDOVAL-GUTIERREZ, J.:

For our resolution is the instant Petition for Certiorari assailing the Decision[1] of the Court of Appeals promulgated on February 22, 2002 in CA-G.R. SP No. 65445.

The facts are:

On August 30, 2000, Delfina Village Subdivision Homeowners Association (DVSHA), respondent, filed with the Regional Trial Court, Tagum City, Davao del Norte, an amended complaint for injunction and damages against spouses Zosimo and Elizabeth Godinez and their son Edwin, petitioners, docketed as Special Case No. 383. The complaint alleges that petitioners were operating a mineral processing plant in the annex of their...