January 1968 - Philippine Supreme Court Decisions/Resolutions
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G.R. No. L-23293 January 16, 1968 - LUIS R. AYO, JR. v. MELQUIADES G. ILAO, ET AL.:
EN BANC
[G.R. No. L-23293. January 16, 1968.]
REV. FR. LUIS R. AYO, JR., Petitioner, v. MELQUIADES G. ILAO and ERNESTO F. JALGALADO, Respondents.
Padilla Law Office for Petitioner.
Cayetano J. Lukban and Estelito P. Mendoza for Respondents.
SYLLABUS
1. CERTIORARI; GRAVE ABUSE OF DISCRETION; EX-PARTE WRIT OF PRELIMINARY INJUNCTION ISSUED WHERE PRINCIPAL COMPLAINT HAS BECOME MOOT. — The man action seeks to restrain petitioner Fr. Ayo from constructing the school building to house his parochial school, from advertising or announcing the opening thereof for the school year 1964-1965 and from enrolling students therein, with damages. Upon petition of respondent Jalgalado, the trial court issued an ex-parte writ of preliminary injunction against petitioner. Meanwhile, Fr. Ayo obtained a Temporary Permit No. 755 series of 1964 from the Department of Education to conduct "first year of the secondary course (day)," subject to the condition, among others, that the building under construction be completed within the first semester. Petitioner’s school was allowed to hold classes in his convent. Assuming that respondent Jalgalado was entitled to restrain Fr. Ayo as long as the latter had no permit from the Department of Education, such right was extinguished when Fr. Ayo obtained such permit. The issue thus raised in Jalgalado’s complaint in the main case had become moot, and the Court committed grave abuse of discretion in issuing the writ prohibiting the construction and completion of the school building.
2. PLEADING AND PRACTICE; COMPLAINT; FAILURE TO STATE CAUSE OF ACTION; AUTHORITY TO OPERATE SCHOOL CONFERS NO EXCLUSIVE RIGHT TO SCHOOL OPERATOR — ACTION LIES AGAINST ANOTHER SCHOOL OPERATOR. — The authority of Jalgalado’s school to operate as such in Capalonga, Camarines Norte did not confer upon him any exclusive right. Consequently, he had no cause of action against Fr. Ayo for the latter’s announcement that he would open and operate a parochial school in the same town, and for undertaking the construction of a school building therein even if Fr. Ayo had not, as yet, secured the permit necessary for such school. The recourse of Jalgalado was to report the announcement of Fr. Ayo to the Bureau of Private Schools for such action it may deem proper. But Jalgalado had no right to sue directly Fr. Ayo who had no legal obligation to him.
2. PLEADING AND PRACTICE; COMPLAINT; FAILURE TO STATE CAUSE OF ACTION; AUTHORITY TO OPERATE SCHOOL CONFERS NO EXCLUSIVE RIGHT TO SCHOOL OPERATOR — ACTION LIES AGAINST ANOTHER SCHOOL OPERATOR. — The authority of Jalgalado’s school to operate as such in Capalonga, Camarines Norte did not confer upon him any exclusive right. Consequently, he had no cause of action against Fr. Ayo for the latter’s announcement that he would open and operate a parochial school in the same town, and for undertaking the construction of a school building therein even if Fr. Ayo had not, as yet, secured the permit necessary for such school. The recourse of Jalgalado was to report the announcement of Fr. Ayo to the Bureau of Private Schools for such action it may deem proper. But Jalgalado had no right to sue directly Fr. Ayo who had no legal obligation to him.
D E C I S I O N
CONCEPCION, C.J.:
Original action for certiorari with preliminary injunction.
On January 30, 1964, petitioner herein, Rev. Fr. Luis R. Ayo, Jr., Catholic parish priest of Capalonga, Camarines Norte, applied, from the Bureau of Private Schools, for a permit to open a first year high school in said municipality. Respondent Ernesto F. Jalgalado, Director of the Capalonga Institute, which is authorized to operate a school in the same place, opposed said application. On March 30, 1964, said Bureau gave due course thereto, subject to certain conditions. The application was however, denied, on April 13, 1964, because some of these conditions — namely, completion of a school building and other facilities necessary for the operation of a school — had not, as yet, been fulfilled. A reconsideration of the decision of the Bureau to this effect having been denied, Fr. Ayo filed, on July 21, 1964, a second petition for reconsideration.
Meanwhile, or on July 14, 1964, Jalgalado had commenced, in the Court of First Instance of Camarines Norte, presided over by respondent Judge, Hon. Melquiades G. Ilao, Civil Case No. 1606 of said court, against Fr. Ayo, to restrain him from constructing the school building necessary to house the Capalonga Parochial School, from advertising or announcing the opening thereof for the school year 1964-1965 and from enrolling students therefor, as well as to recover P19,900.00 as damages. Jalgalado, likewise, prayed for a writ of preliminary injunction, which Judge Ilao issued ex parte the next day. On July 28, 1964, Fr. Ayo filed an urgent motion to dissolve said writ and set the motion for hearing on August 1, 1964; but, Judge Ilao postponed the hearing to another date.
Inasmuch as the school year was about to begin, and Fr. Ayo knew that he could not possibly get a school permit unless the school building was completed, on August 4, 1964, he commenced the present action for certiorari against Jalgalado and Judge Ilao, to annul and set aside all proceedings before the latter. On August 6, 1964, upon the posting of a bond in the sum of P10,000.00, we issued a writ of preliminary injunction restraining the enforcement of the writ issued by Judge Ilao.
The petition before us is predicated upon the theory that the latter had committed a grave abuse of discretion in issuing said writ, because Jalgalado’s complaint in the lower court did not set forth a cause of action. Indeed, Jalgalado based his complaint upon the allegation that the Capalonga Institute, of which he was a Director, had a permit to operate a school in Capalonga, and that, in consequence of the fact that Fr. Ayo was "advertising thru various catholic organizations, as well as thru his authorized representatives," that the Capalonga Parochial School would open its door to first year high school students, in the school year 1964-1965, despite the fact that its application for a permit therefor had been denied by the Bureau of Private Schools, on April 13, 1964, "not a single student" had "enrolled in the Capalonga Institute for the First Year, for the reason that said municipality" is "predominantly composed of Roman Catholics."cralaw virtua1aw library
It should be noted, in this connection, that, acting upon Fr, Ayo’s second request for reconsideration, dated July 21, 1964, said Bureau gave due course to this request and submitted the matter to the Department of Education, which, in turn, granted said request and issued Temporary Permit No. 755, series of 1964, authorizing the Capalonga Parochial School to open and conduct the "first year of the secondary course (day)," from August 3, 1964 to August 2, 1965, subject to some conditions, one of which was that "the building now under construction . . . should be completed within the first semester" of said school year. Meanwhile, the Capalonga Parochial School was allowed to hold its classes in Fr. Ayo’s convent. Assuming that Jalgalado had a right to restrain Fr. Ayo, as long as he did not have the necessary authority from the aforementioned Bureau, such right was extinguished when Fr. Ayo obtained said temporary permit No. 755, series of 1964. In other words, the issue raised by Jalgalado’s complaint in Civil Case No. 1606 of the Court of First Instance of Camarines Norte has thereby become moot.
In fact, however, the authority of Jalgalado’s school to operate as such in Capalonga did not confer upon him any exclusive right. As a consequence, he had no cause of action against Fr. Ayo for announcing that he would open and operate a parochial school in Capalonga, and for undertaking the construction of a school building therefor, even if Fr. Ayo had not, as yet, secured the permit necessary for such parochial school Jalgalado could have reported said announcement to the Bureau of Private Schools, for such action as it may deem proper; but, he had no right to sue directly Fr. Ayo, who had no legal obligations towards Jalgalado.
The latter’s allegation to the effect that not a single student had enrolled in his school for the first year secondary course, because of the announcement that the Parochial School would be open — as it eventually opened legally — for first year students during the school year 1964-1965, did not suffice to give Jalgalado a cause of action. There is no allegation that, in the absence of such announcement, said students would have enrolled in Jalgalado’s school. Worse still, his complaint suggests the contrary, for said school is non-sectarian, whereas Jalgalado’s complaint alleges that the inhabitants of Capalonga are "predominantly Roman Catholics." At any rate, since Fr. Ayo had the requisite building permit, Judge Ilao obviously committed a grave abuse of discretion in issuing the writ prohibiting the construction — or completion — of said building.
WHEREFORE, the writ of preliminary injunction issued by Judge Ilao is, accordingly, annulled, and the preliminary injunction issued by this Court hereby made permanent.
It is so ordered.
Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Ruiz Castro, Angeles and Fernando, JJ., concur.
On January 30, 1964, petitioner herein, Rev. Fr. Luis R. Ayo, Jr., Catholic parish priest of Capalonga, Camarines Norte, applied, from the Bureau of Private Schools, for a permit to open a first year high school in said municipality. Respondent Ernesto F. Jalgalado, Director of the Capalonga Institute, which is authorized to operate a school in the same place, opposed said application. On March 30, 1964, said Bureau gave due course thereto, subject to certain conditions. The application was however, denied, on April 13, 1964, because some of these conditions — namely, completion of a school building and other facilities necessary for the operation of a school — had not, as yet, been fulfilled. A reconsideration of the decision of the Bureau to this effect having been denied, Fr. Ayo filed, on July 21, 1964, a second petition for reconsideration.
Meanwhile, or on July 14, 1964, Jalgalado had commenced, in the Court of First Instance of Camarines Norte, presided over by respondent Judge, Hon. Melquiades G. Ilao, Civil Case No. 1606 of said court, against Fr. Ayo, to restrain him from constructing the school building necessary to house the Capalonga Parochial School, from advertising or announcing the opening thereof for the school year 1964-1965 and from enrolling students therefor, as well as to recover P19,900.00 as damages. Jalgalado, likewise, prayed for a writ of preliminary injunction, which Judge Ilao issued ex parte the next day. On July 28, 1964, Fr. Ayo filed an urgent motion to dissolve said writ and set the motion for hearing on August 1, 1964; but, Judge Ilao postponed the hearing to another date.
Inasmuch as the school year was about to begin, and Fr. Ayo knew that he could not possibly get a school permit unless the school building was completed, on August 4, 1964, he commenced the present action for certiorari against Jalgalado and Judge Ilao, to annul and set aside all proceedings before the latter. On August 6, 1964, upon the posting of a bond in the sum of P10,000.00, we issued a writ of preliminary injunction restraining the enforcement of the writ issued by Judge Ilao.
The petition before us is predicated upon the theory that the latter had committed a grave abuse of discretion in issuing said writ, because Jalgalado’s complaint in the lower court did not set forth a cause of action. Indeed, Jalgalado based his complaint upon the allegation that the Capalonga Institute, of which he was a Director, had a permit to operate a school in Capalonga, and that, in consequence of the fact that Fr. Ayo was "advertising thru various catholic organizations, as well as thru his authorized representatives," that the Capalonga Parochial School would open its door to first year high school students, in the school year 1964-1965, despite the fact that its application for a permit therefor had been denied by the Bureau of Private Schools, on April 13, 1964, "not a single student" had "enrolled in the Capalonga Institute for the First Year, for the reason that said municipality" is "predominantly composed of Roman Catholics."cralaw virtua1aw library
It should be noted, in this connection, that, acting upon Fr, Ayo’s second request for reconsideration, dated July 21, 1964, said Bureau gave due course to this request and submitted the matter to the Department of Education, which, in turn, granted said request and issued Temporary Permit No. 755, series of 1964, authorizing the Capalonga Parochial School to open and conduct the "first year of the secondary course (day)," from August 3, 1964 to August 2, 1965, subject to some conditions, one of which was that "the building now under construction . . . should be completed within the first semester" of said school year. Meanwhile, the Capalonga Parochial School was allowed to hold its classes in Fr. Ayo’s convent. Assuming that Jalgalado had a right to restrain Fr. Ayo, as long as he did not have the necessary authority from the aforementioned Bureau, such right was extinguished when Fr. Ayo obtained said temporary permit No. 755, series of 1964. In other words, the issue raised by Jalgalado’s complaint in Civil Case No. 1606 of the Court of First Instance of Camarines Norte has thereby become moot.
In fact, however, the authority of Jalgalado’s school to operate as such in Capalonga did not confer upon him any exclusive right. As a consequence, he had no cause of action against Fr. Ayo for announcing that he would open and operate a parochial school in Capalonga, and for undertaking the construction of a school building therefor, even if Fr. Ayo had not, as yet, secured the permit necessary for such parochial school Jalgalado could have reported said announcement to the Bureau of Private Schools, for such action as it may deem proper; but, he had no right to sue directly Fr. Ayo, who had no legal obligations towards Jalgalado.
The latter’s allegation to the effect that not a single student had enrolled in his school for the first year secondary course, because of the announcement that the Parochial School would be open — as it eventually opened legally — for first year students during the school year 1964-1965, did not suffice to give Jalgalado a cause of action. There is no allegation that, in the absence of such announcement, said students would have enrolled in Jalgalado’s school. Worse still, his complaint suggests the contrary, for said school is non-sectarian, whereas Jalgalado’s complaint alleges that the inhabitants of Capalonga are "predominantly Roman Catholics." At any rate, since Fr. Ayo had the requisite building permit, Judge Ilao obviously committed a grave abuse of discretion in issuing the writ prohibiting the construction — or completion — of said building.
WHEREFORE, the writ of preliminary injunction issued by Judge Ilao is, accordingly, annulled, and the preliminary injunction issued by this Court hereby made permanent.
It is so ordered.
Reyes, J.B.L., Dizon, Makalintal, Bengzon, J.P., Zaldivar, Sanchez, Ruiz Castro, Angeles and Fernando, JJ., concur.
