JAIME L. CO v JUDGE DEMETRIO D. CALIMAG, JR.

A.M. No. RTJ-99-1493 June 20, 2000

Rule 58

FACTS:
This petition for certiorari and prohibition stemmed from the charge of petitioner of
serious misconduct against respondent on the latter's alleged lack of authority to take
cognizance of the legal separation case filed by Eva Co against him, as well as the
alleged extortion attempt of the respondent against him. He also claimed that he was
denied due process when respondent, instead of conducting a hearing on the question
of whether or not to issue a writ of preliminary injunction, required the parties to submit
their affidavits/counter-affidavits and thereafter, considered the motion submitted for
resolution and immediately furnished his wife a copy of the writ.

ISSUE:
Whether or not the complainant was denied due process in the absence of a hearing
prior the issuance of writ of injunction

HELD:
No. While Section 5 Rule 58 of the 1997 Rules of Civil Procedure provides that no
preliminary injunction shall be granted without hearing and prior notice to the party or
person sought to be enjoined, the Court held that the said provision does not mean that
all petitions for preliminary injunction must undergo atrial-type hearing. Due process
means giving every contending party the opportunity to be heard and the court to
consider every piece of evidence presented in their favor. In the instant case, it was held
that there is no dispute that complainant was given opportunity to be heard, having
submitted his counter-affidavit and memorandum in support of his position. Complainant
cannot, thus, claim that he was denied due process by respondent.

Nevertheless, respondent should have endorsed the writ of preliminary injunction for
proper docketing instead of personally and immediately furnishing a copy to the
petitioner’s wife; thus, respondent was imposed a fine of Php1,000 for inefficiency in
office, with warning that repetition of such will be dealt with more severely.