PUROK BAGONG SILANG ASSOCIATION v. EVANGELINE S. YUIPCO, GR NO.

135092, 2006-05-04

Facts:

Kaimo, and their siblings were the co-owners of three parcels of land where 400 private individuals constructed
their houses on their property. The Kaimos filed a Complaint in the RTC for the recovery of possession of real property
against 64 occupants. The trial court rendered judgment in favor of the plaintiffs and it became final and executory. The
trial court issued a Writ of Demolition. However, the Deputy Sheriff served copies of said notice not only on the
defendants but also on 309 other individuals whose houses stood on the plaintiffs' property. This prompted eight of the
defendants to file a Petition for Certiorari in the CA. The appellate court issued a TRO enjoining the enforcement of the
writ of demolition. PBSAI filed a Petition for Prohibition in this Court against the Presiding Judge who issued the writ.

Issue:

W/N the petition filed in this Court is appropriate

Ruling:

NO. Under Rule 65 of the Rules of Court, where the issuance of an extraordinary writ is also within the
competence of the CA or the RTC, it is in either of these courts that the specific action for the issuance of such writ must
be proscribed unless special and important laws are clearly and specifically set forth in the petition. The reason for this is
that the Court is a court of last resort and must so remain if it is to satisfactorily perform the functions assigned to it by the
Constitution and immemorial tradition. It cannot and should not be burdened with the task of deciding cases in the first
instance. Its original jurisdiction to issue extraordinary writs should be exercised only where absolutely necessary or
where serious and important reasons exist therefore

A writ of prohibition is an extraordinary writ. It may be issued only in the absence of a plain, speedy and adequate
remedy in the ordinary course of law. The petitioner and/or its 309 members had a speedy, adequate, and plain remedy in
the course of law. They failed to exhaust the remedies provided for them before the lower courts. They even failed to file a
Motion Ex Abundante Cautelam before the respondent Judge for her to amend Writ of Demolition so as to exclude
therefrom their houses and improvements. They could have filed a petition for certiorari against the respondents with the
CA for the nullification of the Writ of Demolition and for prohibition to enjoin the private respondents from implementing
said Writ. Moreover, there was no urgency for the petitioner or its 309 members to file their petition in this Court
considering that the CA had already issued a temporary restraining order on the basis of which the Ex-Officio Sheriff
stopped implementing Writ of Demolition.