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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1997 Jurisprudence                 

  • G.R. No. 96649-50 July 1, 1997 - PEOPLE OF THE PHIL. v. LYNDON V. MACOY

  • G.R. No. 109660 July 1, 1997 - PEOPLE OF THE PHIL. v. ROMEO NELL

  • G.R. No. 124914 July 2, 1997 - JESUS UGADDAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 123074 July 4, 1997 - PEOPLE OF THE PHIL. v. FERNANDO M. FERNANDEZ

  • Adm. Matter No. MTJ-94-1017 July 7, 1997 - OSCAR B. LAMBINO v. AMADO A. DE VERA

  • Adm. Matter No. P-97-1245 July 7, 1997 - BENIGNO G. GAVIOLA v. NOEL NAVARETTE

  • G.R. No. 105760 July 7, 1997 - PNB v. COURT OF APPEALS, ET AL.

  • G.R. No. 107193 July 7, 1997 - EUGENIO TENEBRO v. COURT OF APPEALS, ET AL.

  • G.R. No. 112006 July 7, 1997 - PEOPLE OF THE PHIL. v. ROBERTO S. DE VERA

  • G.R. No. 114275 July 7, 1997 - IÑIGO F. CARLET v. COURT OF APPEALS, ET AL.

  • G.R. No. 116962 July 7, 1997 - MARIA SOCORRO CACA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118940-41 & 119407 July 7, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MEJIA, ET AL.

  • G.R. No. 119872 July 7, 1997 - REMEDIOS NAVOA RAMOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 122206 July 7, 1997 - RAFAEL ARCEGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 105284 July 8, 1997 - PEOPLE OF THE PHIL. v. IGNACIO ZUMIL

  • G.R. No. 106099 July 8, 1997 - PEOPLE OF THE PHIL. v. AGUSTIN SOTTO, ET AL.

  • G.R. No. 109814 July 8, 1997 - PEOPLE OF THE PHIL. v. FERNANDO MAALAT

  • G.R. No. 112797 July 8, 1997 - PEOPLE OF THE PHIL. v. NIDA ALEGRO

  • G.R. No. 114265 July 8, 1997 - PEOPLE OF THE PHIL. v. GREGORIO MAGALLANES

  • G.R. No. 115307 July 8, 1997 - MANUEL LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 115703 July 8, 1997 - EPIFANIO L. CASOLITA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117501 July 8, 1997 - SOLID HOMES, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122308 July 8, 1997 - PURITA S. MAPA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. SC-96-1 July 10, 1997 - DAMASO S. FLORES v. BERNARDO P. ABESAMIS

  • Adm. Matter No. P-97-1236 July 11, 1997 - MADONNA MACALUA v. DOMINGO TIU, JR.

  • Adm. Matter No. P-97-1249 July 11, 1997 - PACITA SY TORRES v. FROILAN S. CABLING

  • G.R. No. 104865 July 11, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO PONTILAR, JR.

  • G.R. Nos. 113511-12 July 11, 1997 - PEOPLE OF THE PHIL. v. DANILO SINOC

  • G.R. No. 115033 July 11, 1997 - PONCIANO T. MATANGUIHAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123204 July 11, 1997 - NATIONWIDE SECURITY AND ALLIED SERVICES, INC. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1158 July 14, 1997 - EUFEMIA BERCASIO v. HERBERTO BENITO, ET AL.

  • G.R. No. 106153 July 14, 1997 - FLORENCIO G. BERNARDO v. COURT OF APPEALS, ET AL.

  • G.R. No. 108838 July 14, 1997 - PAGCOR v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116528-31 July 14, 1997 - PEOPLE OF THE PHIL. v. MARIETO ADORA

  • G.R. No. 108492 July 15, 1997 - PEOPLE OF THE PHIL. v. NOEL BANIEL, ET AL.

  • G.R. No. 118078 July 15, 1997 - PEOPLE OF THE PHIL. v. OSCAR VILLANUEVA

  • G.R. No. 123379 July 15, 1997 - BAROTAC SUGAR MILLS, INC. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 115439-41 July 16, 1997 - PEOPLE OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. Nos. 120437-41 July 16, 1997 - PEOPLE OF THE PHIL. v. ARMANDO ALVARIO

  • Adm. Matter No. RTJ-97-1382 July 17, 1997 - REXEL M. PACURIBOT v. RODRIGO F. LIM, JR.

  • G.R. No. 105002 July 17, 1997 - PEOPLE OF THE PHIL. v. DIARANGAN DANSAL

  • G.R. No. 108634 July 17, 1997 - ANTONIO P. TAN v. COURT OF APPEALS, ET AL.

  • G.R. No. 111165 July 17, 1997 - PEOPLE OF THE PHIL. v. ROGELIO MERCADO, ET AL.

  • G.R. No. 113257 July 17, 1997 - PEOPLE OF THE PHIL. v. JOHNNY LASCOTA

  • G.R. No. 114742 July 17, 1997 - CARLITOS E. SILVA v. COURT OF APPEALS, ET AL.

  • G.R. No. 118860 July 17, 1997 - ROLINDA B. PONO v. NLRC, ET AL.

  • G.R. No. 120262 July 17, 1997 - PAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125195 July 17, 1997 - SAMAHAN NG MGA MANGGAGAWA SA BANDOLINO, ET AL. v. NLRC, ET AL.

  • Adm. Matter No. RTJ-96-1362 July 18, 1997 - DSWD, ET AL. v. ANTONIO M. BELEN, ET AL.

  • Adm. Matter No. RTJ-95-1283 July 21, 1997 - DAVID C. NAVAL, ET AL. v. JOSE R. PANDAY, ET AL.

  • G.R. No. 108488 July 21, 1997 - PEOPLE OF THE PHIL. v. RODENCIO NARCA, ET AL.

  • G.R. No. 111002 July 21, 1997 - PACIFIC MARITIME SERVICES, INC., ET AL. v. NICANOR RANAY, ET AL.

  • G.R. No. 117402 July 21, 1997 - PEOPLE OF THE PHIL. v. ROLLIE L. ALVARADO

  • G.R. No. 119184 July 21, 1997 - HEIRS OF FELICIDAD CANQUE v. COURT OF APPEALS, ET AL.

  • G.R. No. 121768 July 21, 1997 - PEOPLE OF THE PHIL. v. DOMINGO CASTILLO, JR.

  • G.R. Nos. 122250 & 122258 July 21, 1997 - EDGARDO C. NOLASCO v. COMELEC, ET AL.

  • G.R. No. 124347 July 21, 1997 - CMS STOCK BROKERAGE, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125510 July 21, 1997 - PEOPLE OF THE PHIL. v. RENATO LISING

  • G.R. No. 111933 July 23, 1997 - PLDT v. NLRC, ET AL.

  • G.R. Nos. 112429-30 July 23, 1997 - PEOPLE OF THE PHIL. v. RODOLFO P. CAYETANO

  • G.R. Nos. 118736-37 July 23, 1997 - PEOPLE OF THE PHIL. v. TANG WAI LAN

  • Adm. Matter No. P-96-1205 July 24, 1997 - OSCAR P. DE LOS REYES v. ESTEBAN H. ERISPE, JR.

  • Adm. Matter No. RTJ-97-1383 July 24, 1997 - JOSE LAGATIC v. JOSE PEÑAS, JR., ET AL.

  • G.R. No. 104663 July 24, 1997 - PEOPLE OF THE PHIL. v. DAVID SALVATIERRA

  • G.R. No. 105004 July 24, 1997 - PEOPLE OF THE PHIL. v. DIONISIO MAROLLANO

  • G.R. No. 107723 July 24, 1997 - EMS MANPOWER & PLACEMENT SERVICES v. NLRC, ET AL.

  • G.R. No. 111211 July 24, 1997 - ABS-CBN EMPLOYEES UNION, ET AL., v. NLRC, ET AL.

  • G.R. No. 113235 July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.

  • G.R. Nos. 113366-68 July 24, 1997 - GREGORIO ISABELO, ET AL. v. NLRC, ET AL.

  • G.R. No. 116635 July 24, 1997 - CONCHITA NOOL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116736 July 24, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN ORTEGA, ET AL.

  • G.R. No. 118458 July 24, 1997 - PEOPLE OF THE PHIL. v. RICKY DELA CRUZ

  • G.R. No. 120276 July 24, 1997 - SINGA SHIP MANAGEMENT PHILS., INC. v. NLRC, ET AL.

  • G.R. No. 121075 July 24, 1997 - DELTA MOTORS CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121867 July 24, 1997 - SMITH KLINE & FRENCH LAB., LTD. v. COURT OF APPEALS, ET AL.

  • G.R. No. 127262 July 24, 1997 - HUBERT WEBB, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • Adm. Matter Nos. 95-6-55-MTC & P-96-1173 July 28, 1997 - REPORT ON AUDIT IN THE MTC OF PEÑARANDA, NUEVA ECIJA

  • G.R. No. 102858 July 28, 1997 - DIRECTOR OF LANDS v. COURT OF APPEALS, ET AL.

  • G.R. No. 103209 July 28, 1997 - APOLONIO BONDOC, ET AL. v. NLRC, ET AL.

  • G.R. No. 110823 July 28, 1997 - PEOPLE OF THE PHIL. v. ROCHEL TRAVERO

  • G.R. No. 112323 July 28, 1997 - HELPMATE, INC. v. NLRC, ET AL.

  • G.R. No. 113344 July 28, 1997 - PEOPLE OF THE PHIL. v. ATANACIO LUTO

  • G.R. No. 116668 July 28, 1997 - ERLINDA A. AGAPAY v. CARLINA V. PALANG, ET AL.

  • G.R. No. 116726 July 28, 1997 - PEOPLE OF THE PHIL. v. LEONARDO P. DE LA CRUZ

  • G.R. No. 118822 July 28, 1997 - G.O.A.L., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119000 July 28, 1997 - ROSA UY v. COURT OF APPEALS, ET AL.

  • G.R. No. 119649 July 28, 1997 - RICKY GALICIA, ET AL. v. NLRC, ET AL.

  • G.R. No. 119868 July 28, 1997 - PAL, INC. v. NLRC, ET AL.

  • G.R. No. 120072 July 28, 1997 - PEOPLE OF THE PHIL. v. FLORENTINO I. MESA

  • G.R. No. 123361 July 28, 1997 - TEOFILO CACHO v. COURT OF APPEALS, ET AL.

  • G.R. No. 126556 July 28, 1997 - NELSON C. DAVID v. COURT OF APPEALS, ET AL.

  • G.R. No. 117742 July 29, 1997 - GEORGE M. TABERRAH v. NLRC, ET AL.

  • SBC Case No. 519 July 31, 1997 - PATRICIA FIGUEROA v. SIMEON BARRANCO, JR.

  • G.R. No. 97369 July 31, 1997 - P.I. MANPOWER PLACEMENTS, INC. v. NLRC, ET AL.

  • G.R. No. 99030 July 31, 1997 - PLDT v. NLRC, ET AL.

  • G.R. No. 106582 July 31, 1997 - PEOPLE OF THE PHIL. v. RUPERTO BALDERAS

  • G.R. No. 107802 July 31, 1997 - PEOPLE OF THE PHIL. v. JASON NAREDO

  • G.R. No. 108399 July 31, 1997 - RAFAEL M. ALUNAN III, ET AL. v. ROBERT MIRASOL, ET AL.

  • G.R. No. 108619 July 31, 1997 - EPIFANIO LALICAN v. FILOMENO A. VERGARA, ET AL.

  • G.R. No. 113689 July 31, 1997 - PEOPLE OF THE PHIL. v. FELIPE SANGIL, SR.

  • G.R. No. 113958 July 31, 1997 - BANANA GROWERS COLLECTIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 116060 July 31, 1997 - PEOPLE OF THE PHIL. v. CLEMENTE DE LA PEÑA

  • G.R. No. 116292 July 31, 1997 - PEOPLE OF THE PHIL. v. JIMMY PEÑERO

  • G.R. No. 119068 July 31, 1997 - PEOPLE OF THE PHIL. v. DANTE CASTRO, ET AL.

  • G.R. No. 121027 July 31, 1997 - CORAZON DEZOLLER TISON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121157 July 31, 1997 - HEIRS OF SEGUNDA MANINGDING, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123561 July 31, 1997 - DELIA R. NERVES v. CSC, ET AL.

  • G.R. No. 124678 July 31, 1997 - DELIA BANGALISAN, ET AL. v. COURT OF APPEALS, ET AL.

  •  





     
     

    G.R. No. 113235   July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [G.R. No. 113235. July 24, 1997.]

    VICTORINA MEDINA, VIRGINIA VINUYA, ANSELMO YABOT and SALVACION MENDOZA, Petitioners, v. CITY SHERIFF, MANILA and SPOUSES JUSTINO V. JIMENEZ and AURORA RUEDA JIMENEZ, Respondents.

    SYNOPSIS


    This is a petition for certiorari case filed before the Court questioning the decision of respondent Court of Appeals alleging thereto that it committed grave abuse of discretion amounting to lack of jurisdiction in denying herein petitioners’ application for a writ of preliminary injunction. It all started when the private respondents, as lessors, filed an unlawful detainer case against herein petitioners, the lessees, but before the institution of this action, respondents had earlier sold the subject property to another person. Thereafter, the MTC of Manila rendered a decision in favor the lessors. When the respondents tried to move for the execution of the MTC decision, petitioners opposed thereto on the ground of supervening event of respondent’s loss of ownership over the subject property. Inspite of the opposition, the lower court, nevertheless, granted the motion for execution. Consequently, petitioners filed a case of Damages with preliminary injunction and/or Temporary Restraining Order in the RTC of Manila but said court dismissed the said case. On appeal, the Court of Appeals likewise denied petitioner’s motion for the issuance of the preliminary injunction. Hence, this petition.

    The Supreme Court ruled that the instant petition should be dismissed, there being no grave abuse of discretion on the part of respondent court in denying petitioner’s application for preliminary injunction. To be entitled to the injunctive writ, they must show that there exists a right to be protected, which is directly threatened by an act sought to be enjoined. In the instant case, petitioners clearly possessed no legal right that merits the protection of the courts through the writ of preliminary injunction, considering that the ground relied upon by petitioners remains unresolved and does not confirm the existence of a clear right in favor of herein petitioners.


    SYLLABUS


    REMEDIAL LAW; SPECIAL CIVIL ACTIONS; INJUNCTION; PETITIONERS POSSESS NO CLEAR LEGAL RIGHT THAT MERITS THE PROTECTION OF THE COURT THROUGH THE WRIT OF PRELIMINARY INJUNCTION; THEIR RIGHT TO POSSES THE PROPERTY IN QUESTION HAS BEEN DECLARED INFERIOR OR INEXISTENT IN RELATION TO THE PLAINTIFF IN THE EJECTMENT CASE BELOW AFTER A JUDGMENT WHICH HAS BECOME FINAL AND EXECUTORY; CASE AT BAR. — To be entitled to the injunctive writ, they must show that there exists a right to be protected which is directly threatened by an act sought to be enjoined. Furthermore, there must be a showing that the invasion of the right is material and substantial and that there is an urgent and paramount necessity for the writ to prevent serious damage. Complainant’s right must be clear and unmistakable. In the absence of a clear legal right, the issuance of the writ constitutes grave abuse of discretion. Where the complainant’s right or title is doubtful or disputed, injunction is not proper. The possibility of irreparable damage of without proof of an actual existing right is not a ground for injunction. In the instant case, the enforcement of the writ of execution, which would evict them from their homes, is manifestly prejudicial to petitioners’ interest. However, they possess no clear legal right that merits the protection of the courts through the writ of preliminary injunction. Their right to possess the property in question has been declared inferior or inexistent in relation to the plaintiff in the ejectment case below after a judgment which has become final and executory. Petitioners’ ground for the issuance of the writ of prohibition and/or certiorari before the Court of Appeals is the presence of a supervening event that renders execution unjust or inequitable. Said issue remains unresolved in the main case still pending and does not confirm the existence of a clear right in favor of petitioners. At best, they can obtain the suspension of the enforcement of the writ of execution or other similar relief on equitable grounds.


    R E S O L U T I O N


    ROMERO, J.:


    The sole issue in the instant petition for certiorari is whether or not the Court of Appeals, in denying petitioner’s application for a writ of preliminary injunction, committed grave abuse of discretion amounting to lack of jurisdiction. The facts which gave rise to this petition are stated below:chanrob1es virtual 1aw library

    Private respondent spouses Justino and Aurora Jimenez filed an unlawful detainer suit against petitioners on April 8, 1991 docketed as Civil Case No. 92-135259-CV. The Jimenezes, as lessors and as owners of a parcel of land in Tondo, Manila, sought to evict petitioners-lessees therefrom. 1 On January 2, 1992, the Metropolitan Trial Court of Manila rendered its decision in favor of plaintiff-lessors below and herein respondents with the following dispositive portion:jgc:chanrobles.com.ph

    "WHEREFORE, judgment is hereby rendered against the defendants and in favor of the plaintiffs, ordering the defendants to vacate the premises being occupied by them under TCT No. 194409 of plaintiffs, including all persons claiming rights and title under them. Defendants are also ordered, jointly and severally, to pay the plaintiffs the amount of P15,000.00 as attorney’s fees and expenses of litigation, as well as the costs of this suit." 2

    Unknown to petitioners, the spouses Jimenez had earlier sold the subject property to Ernesto and Rose Concepcion for P450,000.00 on October 14, 1990. After the above-mentioned ejectment case was initiated against petitioners, private respondents Jimenez commenced a complaint in the Regional Trial Court of Manila, Branch 8 for annulment of the deed of sale they had executed in favor of the spouses Concepcion. 3 On March 12, 1992, the court dismissed the complaint for lack of merit and ordered the plaintiffs Jimenez to pay liquidated damages and litigation expenses, as well as attorney’s fees amounting to P50,000.00 and P30,000.00, respectively. 4 Respondent appellate court dismissed the appeal filed by the Jimenezes due to the late filing of the appellant’s brief. 5

    Petitioners allege that they were not aware of the conveyance to the Concepcions and the legal battle between the latter and the Jimenez spouses until after private respondents Jimenez moved for the issuance of a writ of execution in the ejectment case. Petitioners filed their opposition to said motion on the ground of the supervening event of private respondents’ loss of ownership over the property. The Metropolitan Trial Court, through Judge Reinato G. Quilala, granted the motion for execution and issued the assailed writ on April 27, 1993. 6

    Petitioners resorted to filing a case for "Damages with Preliminary Injunction and/or Temporary Restraining Order" before the Regional Trial Court of Manila, Branch 22. 7 After the lower court denied petitioner’s application for the issuance of the writ of preliminary injunction, 8 they proceeded to file a petition for prohibition and certiorari with preliminary injunction and/or restraining order in the Court of Appeals, docketed as CA-G.R. SP No. 31337. 9 On December 15, 1993, respondent court rendered the questioned Resolution denying petitioners’ motion for issuance of preliminary injunction, which reads:jgc:chanrobles.com.ph

    "Acting on the petitioners’ Motion for Issuance of Preliminary Injunction dated December 7, 1993 after having gone over the petition and comment thereto with their respective annexes, We find no factual and legal basis to warrant issuance of a preliminary injunction.

    WHEREFORE, the petitioners’ motion is DENIED and the main case is now deemed submitted for decision." 10

    Consequently, a Sheriff’s Notice to Demolish and Vacate was issued on January 10, 1994. 11

    Hence, the instant petition for certiorari.

    In a Resolution of this Court dated February 2, 1994, private respondents herein were required to comment on the petition. On July 11, 1994, after noting that the aforesaid Resolution was unclaimed by private respondents, we required counsel for petitioners to inform the Court of private respondents’ address, under pain of dismissal of the petition.

    On March 15, 1995, the Court required counsel for petitioners to show cause why he should not be disciplinarily dealt with for failure to comply with the July 11, 1994 Resolution. Atty. Floriano Par, counsel for petitioners, filed his Compliance on May 2, 1995 stating that the address of the Jimenezes is 1393 Sta. Maria St., Tondo, Manila, which is the same address in the Deed of Sale dated October 14, 1990 and in the complaint for ejectment in Civil Case No. 92-135259 filed in 1991. 12 On June 21, 1995, the Court reiterated its earlier directive requiring comment from private respondents and its Resolution was sent to the same address.

    On August 21, 1995, the Court required counsel for petitioners once again to furnish the address of private respondents. On September 13, 1995, Atty. Floriano Par complied and stated that the true and present address of the spouses Jimenez continue to be at 1393 Sta. Maria Street, Tondo, Manila. Said address is that declared in a complaint for ejectment filed by the spouses Jimenez against the Heirs of Rita de Jesus, Et. Al. (Civil Case No. 146572-CV) filed on January 27, 1995 and which is still pending. 13 On October 2, 1995, the Court noted Atty. Par’s Compliance and directed petitioners to serve a copy of the petition directly on private respondents. 14

    On January 2, 1996, counsel for petitioners filed his Compliance stating that he personally delivered a copy of the petition to respondents at their residence and the same was received by Jackerson Jimenez, son of Justino and Aurora Jimenez, on December 28, 1995.

    All this hassle regarding service on private respondents, the repeated manifestations of counsel for petitioners that private respondents had not changed residences and the continued silence of private respondents reveal the latters’ utter lack of interest in the petition before us. Thus, the instant petition will have to be resolved without the benefit of their comment as the Court’s patience, after granting them several chances to file their comment over a two-year period, has reached its limit.

    For the petition to be granted, it must be shown that the respondent appellate court committed grave abuse of discretion equivalent to lack of jurisdiction and not mere errors of judgment, for certiorari is not a remedy for errors of judgment, which are correctible by appeal. 15

    The instant petition should be dismissed, there being no grave abuse of discretion on the part of respondent court in denying petitioners’ application for preliminary injunction.

    To be entitled to the injunctive writ, they must show that there exists a right to be protected which is directly threatened by an act sought to be enjoined. 16 Furthermore, there must be a showing that the invasion of the right is material and substantial and that there is an urgent and paramount necessity for the writ to prevent serious damage. 17 Complainant’s right must be clear and unmistakable. In the absence of a clear legal right, the issuance of the writ constitutes grave abuse of discretion. Where the complainant’s right or title is doubtful or disputed, injunction is not proper. 18 The possibility of irreparable damage without proof of an actual existing right is not a ground for injunction. 19

    In the instant case, the enforcement of the writ of execution, which would evict them from their homes, is manifestly prejudicial to petitioners’ interest. However, they possess no clear legal right that merits the protection of the courts through the writ of preliminary injunction. Their right to possess the property in question has been declared inferior or inexistent in relation to the plaintiff in the ejectment case below after a judgment which has become final and executory.

    Petitioners’ ground for the issuance of the writ of prohibition and/or certiorari before the Court of Appeals is the presence of a supervening event that renders execution unjust or inequitable. Said issue remains unresolved in the main case still pending and does not confirm the existence of a clear right in favor of petitioners. At best, they can obtain the suspension of the enforcement of the writ of execution or other similar relief on equitable grounds. 20

    WHEREFORE, the instant petition is hereby DISMISSED. Costs against petitioner.

    SO ORDERED.

    Regalado, Puno and Mendoza, JJ., concur.

    Torres, Jr., J., is on leave.

    Endnotes:



    1. The property was originally covered by Transfer Certificate of Title No. 194409 in the name of the spouses Jimenez.

    2. Penned by Judge Reinato G. Quilala, Rollo, pp. 32-35.

    3. "Spouses Justino V. Jimenez and Aurora D. Rueda Jimenez v. Spouses Ernesto Concepcion and Rose Concepcion," Civil Case No. 91-56807, Regional Trial Court of Manila, Branch 8.

    4. Penned by Judge Arsenio M. Gonong, Rollo, pp. 48-61.

    5. Per Resolution dated January 27, 1993 in CA-G.R. CV No. 37681 dated January 27, 1993, penned by Justice Serafin V.C. Guingona with the concurrence of Justices Segundino G. Chua and Ricardo P. Galvez, Rollo, pp. 62-64.

    6. Issued by Judge Reinato G. Quilala, Rollo, p. 65.

    7. Civil Case No. 93-65848, Regional Trial Court of Manila, Branch 22.

    8. Per Judge Marino M. Dela Cruz, Jr., Rollo, p. 75.

    9. "Victoria Medina, Et. Al. v. Hon. Marino M. Dela Cruz and Spouses Justino and Aurora Jimenez."cralaw virtua1aw library

    10. Per Justice Alfredo Marigomen with the concurrence of Justices Ma. Alicia Austria-Martinez and Lourdes K. Tayao-Jaguros, Rollo, pp. 89-90.

    11. Rollo, p. 91.

    12. Rollo, p. 101.

    13. Rollo, p. 120.

    14. Rollo, p. 137.

    15. Lipana v. Development Bank of Rizal, 154 SCRA 257 (September 24, 1987) citing Vecino v. Geronimo, 59 O.G. 579. Rule 65, Sections 1 and 2.

    16. Searth Commodities Corporation v. CA, 207 SCRA 628 (March 31, 1992); Saulog v. CA, G.R. No. 119769, September 18, 1996.

    17. Syndicated Media Access Corporation v. CA, 219 SCRA 797 (March 11, 1993).

    18. Arcega v. CA, G.R. No. 122206, July 7, 1997 citing Vinzons-Chato v. Natividad, 244 SCRA 787 and China Banking Corporation v. CA, G.R. No. 121158, December 5, 1996.

    19. Ibid., citing Ulang v. CA, 224 SCRA 642.

    20. When a judgment or order becomes final and executory, the trial court’s ministerial duty is to issue a writ of execution to enforce this judgment. A writ of execution may, however, be refused on equitable grounds such as when there is a change in situation of the parties that would make execution inequitable. Likewise, where supervening events occurring subsequent to the judgment bring about a material change in the situation of the parties which makes the execution inequitable or where there is no compelling urgency for the execution because it is not justified by the prevailing circumstances, a stay or preclusion of execution may be properly sought. These are cases of special and exceptional nature where execution may be suspended in the higher interest of justice. Baclayon v. CA, 182 SCRA 761 (February 26, 1990); Rodriguez v. Project 6 Market Service Cooperative, 247 SCRA 528 (August 23, 1995) citing Luna v. CA, 137 SCRA 7; Heirs of Gumimpin v. CA, 120 SCRA 687; Albar v. Carandang, 6 SCRA 211. Hualam Construction Development Corporation v. CA, 214 SCRA 612 (October 16, 1992) citing Laurel v. Abalos, 163 SCRA 237; Laurel v. Abalos, 30 SCRA 281 (October 31, 1969); Concurring opinion of Chief Justice, then Associate Justice, Andres R. Narvasa in Baclayon v. CA, 182 SCRA 761 (February 26, 1990); and Ngo Bun Tiong v. Sayo, 163 SCRA 237 (June 30, 1988); Lipana v. Development Bank of Rizal, 154 SCRA 257 (September 24, 1987) citing Vecino v. Geronimo, 59 O.G. 579.

    G.R. No. 113235   July 24, 1997 - VICTORINA MEDINA, ET AL. v. CITY SHERIFF, MANILA, ET AL.


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