G.R. No. L-1235 July 29, 1947 AMADO BUENAVENTURA, Petitioner, EULALIO GARCIA, Judge of First Instance of Rizal, and BASILIO GARCIA
G.R. No. L-1235 July 29, 1947 AMADO BUENAVENTURA, Petitioner, EULALIO GARCIA, Judge of First Instance of Rizal, and BASILIO GARCIA
G.R. No. L-1235 July 29, 1947 AMADO BUENAVENTURA, Petitioner, EULALIO GARCIA, Judge of First Instance of Rizal, and BASILIO GARCIA
L-1235
AMADO BUENAVENTURA, petitioner, vs. EULALIO GARCIA, Judge of First Instance of Rizal, and BASILIO GARCIA, respondents. Rosendo J. Tansinsin for petitioner. Felicisimo S. Guerrero for respondents. BENGZON, J.: Petitioner asks that the respondent judge of first instance of Rizal be commanded to issue an order for the execution of the judgment of the court in civil case No. R-7848, entitled "Basilio Garcia vs. Amado Buenaventura." It appears that on January 7, 1946, the herein petitioner filed, in the Rizal court a motion for the reconstitution of the record of the said litigation alleging, among other things, that the papers had been destroyed during the war, that decision of the case had been rendered by the Rizal court on November 21, 1941; that the appeal therefrom had been dismissed by the Court of Appeals; that such dismissal had been affirmed by the Supreme Court sometime in July, 1944, and that subsequently the expediente had been returned to the court of origin. Copy of the motion was sent to the adverse party, and after hearing, the following "Auto" dated January 28, 1946 was issued by Judge Emilio Pea: