Professional Documents
Culture Documents
Issue: Whether or not the Makati City RTC gravely abused its
discretion in issuing the Assailed Orders
On the same day respondents filed their answer, they also filed
a Motion to Discharge Writ of Attachment anchored on the
following grounds: the bond was issued before the issuance of
the writ of attachment; the writ of attachment was issued before
the summons was received by the respondents; the sheriff did
not serve copies of the application for attachment, order of
attachment, plaintiffs’ affidavit, and attachment bond, to the
respondents; the sheriff did not submit a sheriff’s return in
violation of the Rules; and the grounds cited for the issuance of
the writ are baseless and devoid of merit. In the alternative,
respondents offered to post a counter-bond for the lifting of the
writ of attachment.
However, for the next three shipments, March 17, 24 and 31,
1988, petitioner failed to pay private respondent shipping
charges amounting to P109, 376.95.[4]
“It goes without saying that whatever be the acts done by the
Court prior to the acquisition of jurisdiction over the person of
defendant - issuance of summons, order of attachment and writ
of attachment - these do not and cannot bind and affect the
defendant until and unless jurisdiction over his person is
eventually obtained by the court, either by service on him of
summons or other coercive process or his voluntary submission
to the court’s authority. Hence, when the sheriff or other proper
officer commences implementation of the writ of attachment, it
is essential that he serve on the defendant not only a copy of the
applicant’s affidavit and attachment bond, and of the order of
attachment, as explicitly required by Section 5 of Rule 57, but
also the summons addressed to said defendant as well as a copy
of the complaint xxx.” (Emphasis supplied.)
The trial court had the authority to issue the Writ of Attachment
on September 27 since a motion for its issuance can be filed “at
the commencement of the action.” However, on the day the writ
was implemented, the trial court should have, previously or
simultaneously with the implementation of the writ, acquired
jurisdiction over the petitioner. Yet, as was shown in the records
of the case, the summons was actually served on petitioner
several months after the writ had been implemented.
G.R. No. 139941 January 19, 2001
VICENTE B. CHUIDIAN, petitioner,
vs.
SANDIGANBAYAN (Fifth Division) and the REPUBLIC
OF THE PHILIPPINES, respondents.
While the case was pending, on March 17, 1993, the Republic of
the Philippines filed a motion for issuance of a writ of
attachment15 over the L/C, citing as grounds therefor the
following:
(2) The writ is justified under Section 1(d) of the same rule as
Chuidian is guilty of fraud in contracting the debt or incurring
the obligation upon which the action was brought, or that he
concealed or disposed of the property that is the subject of the
action;
On August 11, 1997, or almost four (4) years after the issuance
of the order of attachment, Chuidian filed a motion to lift the
attachment based on the following grounds:
The question in this case is: What can the herein petitioner do
to quash the attachment of the L/C? There are two courses of
action available to the petitioner:
or
Issue: Whether the RTC had lost jurisdiction over the matter of
the preliminary attachment after petitioner appealed the
decision in the Main Case, and thereafter ordered the
transmittal of the records to the CA
Due notice to the adverse party and its surety setting forth the
facts supporting the applicant's right to damages and the
amount thereof under the bond is indispensable. The surety
should be given an opportunity to be heard as to the reality or
reasonableness of the damages resulting from the wrongful
issuance of the writ. In the absence of due notice to the surety,
therefore, no judgment for damages may be entered and
executed against it.
G.R. No. 181721, September 09, 2015
WATERCRAFT VENTURE CORPORATION,
REPRESENTED BY ITS VICE-PRESIDENT, ROSARIO
E. RAÑOA, Petitioner, v. ALFRED RAYMOND
WOLFE, Respondent.
On June 25, 1998, petitioner filed with the Regional Trial Court
of Quezon City, Branch 220, a complaint for annulment of
Sheriff's Certificate of Sale with prayer for the issuance of a
temporary restraining order (TRO) and a writ of preliminary
injunction against private respondents, Deputy Sheriffs Marino
Cachero and Rodolfo Lescano and the Registry of Deeds of
Quezon City alleging among others alleged irregularity and lack
of notice in the extra-judicial foreclosure proceedings subject of
the real estate mortgage. In the meantime, a temporary
restraining order was issued by the trial court. 1âwphi1.nêt
Issue: Whether or not SBI and MFII are correct that their
mortgaged properties are shielded from foreclosure by CBC on
the ground that the interest rate and penalty charges imposed
by CBC on the loans availed of by SBI are iniquitous and
unconscionable
The Order dated December 10, 2001 also shows the reasoning
of the trial court which betrays that its grant of the application
of SBI and MFII for the issuance of a writ of preliminary
injunction was not based on a clear legal right. Said the trial
court:
It was likewise shown that plaintiffs SBI and MFII had the clear
right and urgency to ask for injunction because of the issue of
validity of the increase in the amount of the loan
obligation.35 (Emphasis supplied.)
At most, the above finding of the trial court that the validity of
the increase in the amount of the loan obligation is in issue
simply amounted to a finding that the rights of SBI and MFII
vis-à-vis that of CBC are disputed and debatable. In such a case
where the complainant-movant’s right is doubtful or disputed,
the issuance of an injunctive writ is not proper.
G.R. No. 172909 March 5, 2014
SPOUSES SILVESTRE O. PLAZA AND ELENA Y.
PLAZA, Petitioners,
vs.
GUILLERMO LUSTIVA, ELEODORA VDA. DE
MARTINEZ AND VICKY SAYSON
GOLOSENO, Respondents.
xxxx
Likewise, the facts reveal that this case was elevated to the CA
via a verified Petition for Review under Rule 43 of the Rules of
Court and Supreme Court Administrative Circular No. 1-95
dated May 16, 1995, which govern appeals to the CA from
judgments or final orders of quasi-judicial agencies.
Rule 43, as well as Administrative Circular No. 1-95, provides
that the petition for review shall state the full names of the
parties to the case without impleading the court or agencies
either as petitioners or respondents.[20] Thus, the only parties in
such an appeal are the appellant as petitioner and appellee as
respondent. The court or, in this case, the administrative agency
that rendered the judgment appealed from, is not a party in the
said appeal.
Therefore, the Office of the Ombudsman does not have the legal
interest to intervene. As the CA held correctly:
The MTC ruled in favor the petitioners. The RTC reversed the
MTC decision. The petitioners filed on April 30, 2009 a Petition
for Review16 with the CA - Mindanao Station, assailing the
judgment of the RTC.
On July 13, 2009, the CA issued a TRO effective for sixty (60)
days. Meanwhile, the CA directed the parties to submit their
memoranda and position papers.
Rev. Cortez filed a Petition for Injunction with Prayer for the
Issuance of a Writ of Preliminary Mandatory Injunction[5]
against Rogelio C. Biñas (Biñas) in his capacity as Commanding
Officer of the Philippine Naval Command
More significantly, at the time that Proc. No. 201 was issued on
May 22, 1967, [Rev. Cortez] has not perfected his right over the
50 hectares of land nor acquired any vested right thereto
considering that he only occupied the land as alleged by him in
1962 or barely five (5)... years before the issuance of the
Presidential Proclamation. Proclamation No. 201 had the effect
of removing Palaui Island from the alienable or disposable
portion of the public domain and therefore the island, as of the
date of [the] Issuance [of the proclamation], has ceased to... be
disposable public land.
In view of the foregoing, the Court finds that Rev. Cortez failed
to conclusively establish his claimed right over the subject
portion of Palaui Island as would entitle him to the issuance of a
final injunction.
G.R. No. 135706, October 1, 2004
SPS. CESAR A. LARROBIS, JR. and VIRGINIA S.
LARROBIS, petitioners,
vs.
PHILIPPINE VETERANS BANK, respondent.
Issue: Whether or not the period within which the bank was
placed under receivership and liquidation was a fortuitous
event which suspended the running of the ten-year prescriptive
period in bringing actions
In the case of Sy Chim v. Sy Siy Ho & Sons, Inc., 68 the Court
similarly held that the two requisites found in Section 1 of Rule
9 of the Interim Rules should be present before a management
committee may be created and a receiver appointed by the
RTC.
The rationale for the need to establish the confluence of the two
(2) requisites under Section 1, Rule 9 by an applicant for the
appointment of a management committee is primarily based
upon the fact that such committee and receiver appointed by
the court will immediately take over the management of the
corporation, partnership or association, including such power
as it may deem appropriate, and any of the powers specified in
Section 5 of the Rule. x x x.
In her prayer for support pendente lite for herself and her two
children, petitioner sought the amount of P500,000.00 as
monthly support, citing respondent's huge earnings from
salaries and dividends in several companies and businesses
here and abroad.
The appellate court said that the trial court should not have
completely disregarded the expenses incurred by respondent
consisting of the purchase and maintenance of the two cars,
payment of tuition fees, travel expenses, and the credit card
purchases involving groceries, dry... goods and books, which
certainly inured to the benefit not only of the two children, but
their mother (petitioner) as well.
Pictures taken of the mother and her child together with the
alleged father are inconclusive evidence to prove paternity.
showing petitioner and respondent inside the rented apartment
unit thus have scant... evidentiary value. The Statement of
Accoun from the Good Samaritan General Hospital where
respondent herself was indicated as the payee is likewise
incompetent to prove that petitioner is the father of her child
notwithstanding... petitioner's admission in his answer that he
shouldered the expenses in the delivery of respondent's child as
an act of charity.
Time and again, this Court has ruled that a high standard of
proof is required to establish paternity and filiation. An order
for recognition and support may create an unwholesome
situation or may be an irritant to the family or the lives of the
parties so that it must be issued... only if paternity or filiation is
established by clear and convincing evidence.
G.R. No. 193707, December 10, 2014
the
The assailed resolution and order did not convert the action for
support into one for recognition but merely allowed the
respondents to prove their cause of action against petitioner
who had been denying the authenticity of the documentary
evidence of acknowledgement. But even if the assailed
resolution and order effectively integrated an action to compel
recognition with an action for support, such was valid and in
accordance with jurisprudence.