This case has been cited 1 times or more.
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2007-06-19 |
CHICO-NAZARIO, J. |
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| In compliance therewith, respondents Alicia and Leticia did file a Memorandum[43] which extensively discussed their argument that the execution of the final and executory judgment in MeTC Civil Case No. 22375, ordering George, Jr. to vacate the subject property, cannot be stayed by a preliminary injunction issued in the pending RTC Civil Case No. Q-01-44582. Hence, respondents Alicia and Leticia were still able to present before the RTC their opposition to petitioner Felix's application for the issuance of a writ of preliminary injunction even after the hearing which they failed to attend. Respondents Alicia and Leticia have consistently and continuously made known to the RTC and to their adversary, petitioner Felix, that they oppose the latter's application for the issuance of an injunctive writ, before and after the hearing for presentation of evidence on the matter, so that to conclude that they had waived their right to question the RTC order granting such a writ just by their absence in the said hearing would be specious and untenable. | |||||