SUGA SOTTO YUVIENCO, BRITANIA SOTTO, and MARCELINO SOTTO, Petitioners, vs. HON.

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Petition for certiorari and prohibition to declare void for being in grave abuse of discretion the orders of respondent judge dated November 2, 1978 and August 29, 1980, in Civil Case No. 5759 of the Court of First Instance of Leyte, which denied the motion filed by petitioners to dismiss the complaint of private respondents for specific performance of an alleged agreement of sale of real property

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Republic of the PhilippinesSUPREME COURTManilaSECOND DIVISION G.R. No. L-55048 May 27, 1981SUGA SOTTO YUVIENCO, BRITANIA SOTTO, and MARCELINO SOTTO, Petitioners, vs. HON. AUXENCIO C. DACUYCUY, Judge of the CFI of Leyte, DELY RODRIGUEZ, FELIPE ANG CRUZ, CONSTANCIA NOGAR, MANUEL GO, INOCENTES DIME, WILLY JULIO, JAIME YU, OSCAR DY, DY CHIU SENG, BENITO YOUNG, FERNANDO YU, SEBASTIAN YU, CARLOS UY, HOC CHUAN and MANUEL DY, Respondents.chanrobles virtual law libraryBARREDO, J.: chanrobles virtual law libraryPetition for certiorari and prohibition to declare void for being in grave abuse of discretion the orders of respondent judge dated November 2, 1978 and August 29, 1980, in Civil Case No. 5759 of the Court of First Instance of Leyte, which denied the motion filed by petitioners to dismiss the complaint of private respondents for specific performance of an alleged agreement of sale of real property, the said motion being based on the grounds that the respondents' complaint states no cause of action and/or that the claim alleged therein is unenforceable under the Statute of Frauds.chanroblesvirtualawlibrary chanrobles virtual law libraryFinding initially prima facie merit in the petition, We required respondents to answer and We issued a temporary restraining order on October 7, 1980 enjoining the execution of the questioned orders.chanroblesvirtualawlibrary chanrobles virtual law libraryIn essence, the theory of petitioners is that while it is true that they did ex

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