112 TLG International Continental Enterprising Inc v Flores

amount and turn over the same to the defendants in

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Unformatted text preview: " in which they prayed that the complaint, as well as the Complaint In Intervention, be dismissed on the ground that the subject matter thereof could be better ventilated in the ejectment case filed by Juan Fabella against Bearcon Trading Co., Inc. (Civil Case No. 3979) then pending before the municipal court of Mandaluyong Rizal. The court a quo under date of April 24, 1972 issued an "Omnibus Order", dismissing both the complaint and the complaint in intervention. On May 27, 1972, petitioner filed its Motion to withdraw the sums it deposited, as "the order dismissing the ... case as well as the complaint in intervention without a resolution having been made as to the right of the plaintiff or the defendants to the rentals deposited by the intervenor, left the intervenor without any recourse but to apply for authority to withdraw the ... amount ... and turn over the same to the defendants in accordance with the understanding arrived at between the parties hereto". This was denied by Respondent in its order of June 23, 1972. The motion for reconsideration of petitioner was likewise denied by Respondent on July 15, 1972. Hence this petition for certiorari. The only issue is whether or not Respondent could authorize the withdrawal of the deposits consider...
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This note was uploaded on 07/12/2013 for the course LAW 101 taught by Professor Tan during the Winter '11 term at University of the Philippines Diliman.

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