March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 160298 : March 28, 2011]
PAQUITO TIU V. MACARIA T. AVERILLA
G.R. No. 160298 (Paquito Tiu v. Macaria T. Averilla).
On August 8, 2011 respondent Macaria T. Averilla (Averilla) filed a complaint for sum of money with prayer for issuance of a writ of preliminary attachment against petitioner Paquito Tiu (Tiu) and his wife Marian Tiu before the Regional Trial Court (RTC) of Pasig City.[1] On Angust 17, 2001 the trial court caused the issuance of the writ against the spouses.
On October 4, 2001 petitioner Tiu filed a motion to set aside and discharge the writ of attachment on the ground the sheriff could not levy on his exclusive properties since he and his wife had long been separated. Respondent Averilla had sought to collect an obligation that Marian alone incurred without Tiu's participation. On January 7, 2002 the RTC granted Tiu�s motion to set aside and discharge the writ of preliminary attachment. Averilia moved for reconsideration of the order but the RTC denied his motion, prompting him to file a special civil action for certiorari before the Court of Appeals (CA).[2]
On July 24, 2001 the CA rendered judgment, reinstating the writ of preliminary attachment that the RTO earlier issued.[3] For this reason, petitioner Tiu filed the present petition before this Court, which petition respondent Averilla opposed. Before the Court could decided the case, however, on November 8, 2010 the parties filed an urgent joint motion informing the Court that they have come to terms and entered into a compromise agreement in the main case.[4] Thus, the parties moved for the dismissal of the present case on the ground of mootness. On December 7, 2010 the RTC of Pasig City furnished the Court a copy of the "Judgment by Compromise�[5] that it rendered in the case.
IN VIEW OF THE FOREGOING, the Court GRANTS the parties' joint motion and DISMISSES the petition for having become moot and academic.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[1] Docketed as Civil Case 68579.[2] Docketed as CA-G.R. SP 71698.
[3] Rollo, pp. 24-33.
[4] Id. at 257-262.
[5] Id. at 267.