HEIRS OF D. TUASON, INC., HON. WENCESLAO G. CORNEJO, JUDGE OF THE CITY COURT OF MANILA, BRANCH V, AND CITY SHERIFF OF MANILA, PETITIONERS, VS. HON. SIMEON M. GOPENGCO, JUDGE OF …

The city court of Manila in a decision dated March 9, 1970
ordered Enrique C. Salinas, doing business under the name of Kentucky Fried
Chicken Restaurant, to vacate a lot located at Ramon Magsay­say Boulevard,
Manila, owned by the Heirs of D. Tuason, Inc., and to pay back rentals (Civil
Case No.186982).

That judgment
became final. To enjoin the exe­cution
of that judgment, Salinas filed in the Court of First Instance of Manila a
petition for certiorari and prohibition against the Heirs of D. Tuason,
Inc., the city court and the sheriff of Manila (Civil Case No. 80223).

The Court of First Instance enjoined the execu­tion of the city
court’s judgment but, on motion to set aside filed by the Heirs of D. Tuason, Inc., the lower court
dissolved the injunction. Salinas in turn filed a motion for
reconsideration.

The lower court in its order of March 2, 1971 revived the
injunction. That order was assailed in
the instant petition for certiorari and prohibition. Salinas
answered the petition. The case was submitted for decision on July 23, 1971.

On December 14,
1971 the Heirs of D. Tuason, Inc. filed
a motion to dismiss the petition on the ground that in Civil Case No. 80223 the
said firm and Salinas had entered
into a compromise which was approved by the lower court in its decision of
October 18, 1971. Salinas manifested
that he had no objection to the dismissal of the petition.

WHEREFORE, this case
is dismissed
for having become moot
and academic. No costs.

SO ORDERED.

Fernando, (Chairman), Barredo, Antonio, and Concepcion, Jr., JJ., concur.