June 1983 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-48424 June 28, 1983 - CONSTANCIO MANZANO v. MEYNARDO A. TIRO
208 Phil. 124:
208 Phil. 124:
SECOND DIVISION
[G.R. No. L-48424. June 28, 1983.]
CONSTANCIO MANZANO, FELICISIMO NAGAC and SPOUSES FELIX and CORAZON CAHOY, Petitioners, v. JUDGE MEYNARDO A. TIRO, OF THE COURT OF FIRST INSTANCE OF MISAMIS ORIENTAL and the CITY OF CAGAYAN DE ORO, Respondents.
Pedro R. Luspo, Sr., for Petitioners.
E.C. Abejo for Private Respondent.
SYLLABUS
1. REMEDIAL LAW; SPECIAL CIVIL ACTION; EMINENT DOMAIN; MOTION FOR DELETION AND WITHDRAWAL OF PETITION; DISMISSAL OF PETITION. — Where manifestation was filed praying for the deletion of a party to a petition on the ground that he did not authorize the filing thereof, joined by another praying for the same relief based on similar ground, while another likewise moved to withdraw the same petition in recognition of the power of the City of Cagayan de Oro to expropriate his land, the prayers of each and all of the petitioners will be granted and the petition will be dismissed.
R E S O L U T I O N
ABAD SANTOS, J.:
The petitioners in this case are the following: CONSTANCIO MANZANO, FELICISIMO NAGAC and the SPOUSES FELIX and CORAZON CAHOY.
The principal issue is whether or not the City of Cagayan de Oro can expropriate the lands of the petitioners for its City Engineer’s Office and Equipment Depot.chanrobles.com:cralaw:red
Felicisimo Nagac in a Manifestation filed on June 11, 1979, prayed that he be stricken as a petitioner on the ground that he did not authorize the petition. (Rollo, p. 233.)
The Cahoy spouses filed a Motion on September 14, 1979, praying that their names be deleted as parties to the petition for the same reason given by Nagac. (Rollo, p. 251.)
Finally, Constancio Manzano filed a Motion to Withdraw Petition on May 15, 1981 on the ground that the City of Cagayan de Oro can indeed expropriate his land. (Rollo, p. 275.)chanrobles virtual lawlibrary
The prayers of each and all of the petitioners are hereby granted. The instant petition is dismissed for the reasons stated by the petitioners. No costs.
SO ORDERED.
Makasiar (Chairman), Aquino, Concepcion, Jr. Guerrero, De Castro and Escolin, JJ., concur.
The principal issue is whether or not the City of Cagayan de Oro can expropriate the lands of the petitioners for its City Engineer’s Office and Equipment Depot.chanrobles.com:cralaw:red
Felicisimo Nagac in a Manifestation filed on June 11, 1979, prayed that he be stricken as a petitioner on the ground that he did not authorize the petition. (Rollo, p. 233.)
The Cahoy spouses filed a Motion on September 14, 1979, praying that their names be deleted as parties to the petition for the same reason given by Nagac. (Rollo, p. 251.)
Finally, Constancio Manzano filed a Motion to Withdraw Petition on May 15, 1981 on the ground that the City of Cagayan de Oro can indeed expropriate his land. (Rollo, p. 275.)chanrobles virtual lawlibrary
The prayers of each and all of the petitioners are hereby granted. The instant petition is dismissed for the reasons stated by the petitioners. No costs.
SO ORDERED.
Makasiar (Chairman), Aquino, Concepcion, Jr. Guerrero, De Castro and Escolin, JJ., concur.
