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Issues-Memorandum, Republic vs. Cortes

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1. PROCEDURAL.

A. WHETHER PETITIONER REPUBLIC’S INSTANT


CERTIORARI AND PROHIBITION CASE FOR ALLEGED
VIOLATION OF DUE PROCESS BY RESPONDENT HON.
PRESIDING JUDGE CORTES OF BRANCH 271, RTC,
TAGUIG CITY, IN THE CONDUCT OF THE HEARING OF
THE MOTION FOR CONSOLIDATION AND THE
EVENTUAL ISSUANCE OF THE (INTERLOCUTORY)
ORDER OF CONSOLIDATION IN CIVIL CASE NO. 406,
AND FOR ALLEGED LACK OF JURISDICTION OF
RESPONDENT HON. PRESIDING JUDGE REYES OF
BRANCH 70, RTC, TAGUIG CITY, OVER CIVIL CASE NO.
406, WHICH WAS CONSOLIDATED WITH CIVIL CASE
NO. 231 PENDING IN THE LATTER’S SAID BRANCH,
SHOULD BE DISMISSED FOR MOOTNESS DUE TO THE
DISMISSAL OF PETITIONER REPUBLIC’S MAIN CASE
FOR CANCELLATION OF TITLE AND/OR REVERSION IN
CIVIL CASE NO. 406.
B. WHETHER PETITIONER REPUBLIC’S GROUND OF
ALLEGED VIOLATION OF DUE PROCESS BY
RESPONDENT HON. PRESIDING JUDGE CORTES OF
BRANCH 271, RTC, TAGUIG CITY IN CIVIL CASE NO.
406, AND LACK OF JURISDICTION BY RESPONDENT
HON. PRESIDING JUDGE REYES OF BRANCH 70, RTC,
TAGUIG CITY, TO HEAR THE CONSOLIDATED CIVIL
CASE NO. 406 WITH CIVIL CASE NO. 231, WAS
ALREADY WAIVED BY PETITIONER REPUBLIC’S
VOLUNTARY SUBMISSION TO THE JURISDICTION OF
BRANCH 70, RTC, TAGUIG CITY WHICH HEARD AND
DECIDED CIVIL CASE NO. 406.

II. SUBSTANTIVE.
C. WHETHER GRAVE ABUSE OF DISCRETION AMOUNTING
TO LACK OR EXCESS OF JURISDICTION WAS
COMMITTED BY-
C.1. RESPONDENT HON. PRESIDING JUDGE CORTES, IN
THE CONDUCT OF THE HEARING OF THE MOTION FOR
CONSOLIDATION AND IN THE ISSUANCE OF THE
ORDER OF CONSOLIDATION; AND
C.2. RESPONDENT HON. PRESIDING JUDGE REYES, IN
PROCEEDING WITH THE HEARING OF THE
CONSOLIDATED CIVIL CASE NO. 406 IN THE ABSENCE
OF A TRO OR INJUNCTION FROM THE HONORABLE
COURT.

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