Professional Documents
Culture Documents
Co Equal Court Reaseach
Co Equal Court Reaseach
DOCTRINE OF JUDICIAL STABILITY
NO court can interfere by injunction with the judgments or orders
of another court of concurrent jurisdiction having the power to
grant the relief sought by injunction.
G.R. No. 128623
THE MANILA BANKING CORPORATION, petitioner,
vs.
ESTEBAN YAU, THE COURT OF APPEALS (SEVENTEENTH
DIVISION), and the HON. DELIA H. PANGANIBAN, in her
capacity as the Presiding Judge of the Regional Trial Court of
Makati City, Branch 64, respondents.
the doctrine of judicial stability or noninterference in the regular
orders or judgments of a coequal court, as an accepted axiom in
adjective law, serves as an insurmountable barrier to the
competencia of the RTC Cebu City to entertain a motion, much
less issue an order, relative to the Silverio share which is under
the custodia legis of RTC Makati City, Branch 64, by virtue of a
prior writ of attachment. Indeed, the policy of peaceful co
existence among courts of the same judicial plane, so to speak,
was aptly described in Parco v. Court of Appeals,31 thus:
...[J]urisdiction is vested in the court not in any particular branch
or judge, and as a corollary rule, the various branches of the Court
of First Instance of a judicial district are a coordinate and coequal
courts one branch stands on the same level as the other. Undue
interference by one on the proceedings and processes of another is
prohibited by law. In the language of this Court, the various
branches of the Court of First Instance of a province or city,
having as they have the same or equal authority and exercising as
they do concurrent and coordinate jurisdiction should not, cannot,
and are not permitted to interfere with their respective cases,
much less with their orders or judgments.
the doctrine of non-interference has been regarded as an elementary
principle of higher importance in the administration of justice that the
judgment of a court of competent jurisdiction may not be opened,
modified, or vacated by any court of concurrent jurisdiction (30-A Am
Jur 605). As this Court ruled in the case of Mas vs. Dumara-og, 12
SCRA 34 [1964], a Judge of a branch of one should not annul the
order of a judge of another branch of the same court. Any branch
even if it be in the same judicial district that attempts to annul a
judgment of a branch of the CFI either exceeds its jurisdiction
(Cabigo vs. Del Rosario, 44 Phil. 84 [1949]) or acts with grave
abuse of discretion amounting to lack of jurisdiction (PNB vs.
Javellana, 92 Phil. 525 [1952]). Thus, in the case of Parco vs. Ca, 111
SCRA 262, this Court held that the various branches of the Court
of First Instance being co-equal cannot interfere with the
respective cases of each branch, much less a branch's order or
judgment.
“CONTEMPT”
RULE 71 Indirect contempt to pe punished after charge and
hearing
(a)MISBEHAVIOR of an officer oa a court in the performance of
his official duties or in his official transactions:
*DELAYING TACTICTS BY LAWYER is clearly constitute
misbehavior before the court in FACIE CURIAE, summarily
punishable in accordance with Rule 71, sec 1.
( c). Any abuse of or any unlawful interference with the processes
or proceedings of a court not constituting direct contempt under
sec 1 of this rule.
(d) Any improper conduct tending, directly or indirectly, to
impede, OBSTRUCT, or degrade the administration of justice;
Sec 7 of rule 71 last par.
Punishment of Indirect Contempt
“The writ of execution, as in ordinary civil actions, shall issue for the
enforcement of a judgment imposing a fine unless the court
otherwise provides”
THEREFORE any abuse of legal process or proceedings is also
contempt. Unlawful interference with judicial process is also
contempt, And the attorney on whose advice such interference is
committees is also guilty of contempt.
Lastly contempt of court be Filed where contempt has been
committed . There is no question that disobedience or resistance to
alwful writ constitute Indirect Contempt and punishable under Rule
71 of the Rules of Court.