FACTS:

Petitioner files for certiorari to revoke the order of respondent Judge Yatco for cancelling his previous
order for execution on the parcel of land owned by the petitioner. The said parcel of land is being
occupied by Fernando Mendoez with an agreement to pay in installment the said land to the
petitioners and that he shall voluntarily vacate the land and the payments he previously made shall
be forfeited in favor of the plaintiff. A civil case was filed by the petitioner against Mendoez for
failure to pay as per agreement of both parties. Petitioner later filed a motion for execution to take
the land back. Defendant Mendoez moved for postponement to give both parties sufficient time to
come to an agreement which was allowed by the respondent judge. It was settled by both parties
that Mendoez will secure a GSIS loan however when he was ready to make the payment the
petitioner refused to abide with their agreement and now asking for a higher amount of money for
payment. Finding no justification on the issuance of the writ of execution, Judge Yatco quashed said
order hence this petition for certiorari based on lack of jurisdiction or abuse of discretion.

The court held that any judge has the jurisdiction to quash any writ of execution issued by him
especially when it was improvidently issued. There is no abuse of discretion by the judge since the
defendant made an opposition and proved that there is subsequent verbal agreement that amended
the compromise hence the execution cannot be validly decreed without a hearing. The consequent
ability of the defendant to meet his obligations by securing a GSIS loan also justifies the courts
refusal to eject him from the premises by an execution.

Article IX (B), Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and
agencies of the Government, including government-owned or controlled corporations with original
charters. (2) Appointments in the civil service shall be made only according to merit and fitness to be
determined, as far as practicable, and, except to positions which are policy-determining, primarily
confidential, or highly technical, by competitive examination. (3) No officer or employee of the civil service
shall be removed or suspended except for cause provided by law. (4) No officer or employee in the civil
service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (5) The
right to self-organization shall not be denied to government employees. (6) Temporary employees of the
Government shall be given such protection as may be provided by law.