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JurisprudenceG.R. No. 133576 -

G.R. No. 133576 - VIEWMASTER CONSTRUCTION CORPORATION, VS. ALLEN C. ROXAS, STATE INVESTMENT TRUST, INC., NORTHEAST LAND DEVELOPMENT, INC., AND STATE PROPERTIES CORPORATION.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 611RA 545RA 614,
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TL;DR — Ruling

WHEREFORE, the petition is hereby GIVEN DUE COURSE and is GRANTED. The challenged orders dated July 10, 1996 and January 30, 1997 denying petitioners' motion to dismiss the complaint in Civil Case No. 65277; and order dated April 11, 1997 denying their motion for inhibition are all SET ASIDE. The complaint is ordered dismissed.

Decision

Ruling

accordingly, reinstated the complaint and granted Viewmaster's application for a writ of preliminary injunction on a One Million (P1,000,000.00) Pesos injunction bond. Respondents herein filed a motion for reconsideration to which Viewmaster filed its opposition. However, the motion was denied for lack of sufficient merit in the order dated January 30, 1997. [7] On March 5, 1997, the respondents filed a motion for inhibition [8] of the presiding judge but the same was denied for lack of sufficient merit in the order of April 11, 1997. [9] Thereafter, CA-GR SP No. 44000, [10] a petition for certiorari and prohibition with application for a temporary restraining order and/or writ of preliminary injunction was filed with the Court of Appeals. On November 28, 1997, a decision was rendered by the Court of Appeals, the dispositive portion of which reads as follows: "WHEREFORE, the petition is hereby GIVEN DUE COURSE and is GRANTED. The challenged orders dated July 10, 1996 and January 30, 1997 denying petitioners' motion to dismiss the complaint in Civil Case No. 65277; and order dated April 11, 1997 denying their motion for inhibition are all SET ASIDE. The complaint is ordered dismissed. Costs against private respondent Viewmaster. "SO ORDERED.