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Ejercito and Martinez vs. M.R. Vargas Construction

BIENVENIDO EJERCITO and JOSE MARTINEZ, Petitioners, versus M.R. VARGAS CONSTRUCTION, MARCIAL R. VARGAS, Sole Owner, RENATO AGARAO,** Project Foreman, Respondents.

G.R. No. 172595 | 2008-04-10

D E C I S I O N

Tinga, J.:

This is a petition for review on certiorari under Rule 45 of the 1997 Rules of Civil Procedure, assailing the Court of Appeals' Decision[1] and Resolution[2] in CA-G.R. SP No. 89001. The appellate court's decision dismissed the petition for certiorari, which sought to set aside the Order[3] dated 08 November 2004 issued by Hon. Marie Christine Jacob, Presiding Judge of the Regional Trial Court (RTC) of Quezon City, Branch 100. The appellate court's resolution denied petitioners' motion for reconsideration of the decision.

As culled from the records, the following factual antecedents appear:

On 5 March...