Philippine Supreme Court Resolutions > Year 2009 > April 2009 Resolutions > [G.R. No. 174356 : April 13, 2009] EVELINA G. CHAVEZ AND AIDA CHAVEZ-DELES V. COURT OF APPEALS AND ATTY. FIDELA Y. VARGAS :

G.R. No. 174356 (Evelina G. Chavez and Aida Chavez-Deles v. Court of Appeals and Atty. Fidela Y. Vargas).-The Court RESOLVES to DENY the Urgent Motion With Leave Please Direct Court of Appeals, C.A. G.R. No. 85552, To Proceed With the Appeals & Different Contempts Pending Due to "Judicial Courtesy" In the Interest Of Justice dated 2 January 2009 filed, by respondent. In the motion, respondent asks the Court to proceed with the hearing and resolution of her appeal in CA G.R. CV No. 85552 entitled "Fidela Y. Vargas v. Evelina Chavez and Aida C. Deles" and the motions to declare petitioners and their counsel in contempt docketed as CA G.R. SP No. 95503 entitled "Fidela Y. Vargas v. Atty. Jesus Chavez, Evelina Chavez and Aida Chavez Deles." The Court of Appeals had held in abeyance, on the ground of judicial courtesy, action on these two incidents pending the resolution by this Court of the present petition for certiorari assailing the Court of Appeals' Resolutions dated 12 April 2006 and 7 July 2006 which granted respondent's motion for the appointment of a receiver and denied the motion for reconsideration thereof.

This case had its inception in a complaint for recovery of possession with prayer for appointment of a receiver filed by respondent before the Regional Trial Court which was dismissed on the ground of lack of jurisdiction. Respondent appealed the decision with the Court of Appeals, docketed as CA G.R. SP No. 95503. The CA then granted respondent's motion for appointment of a receiver. The motion for appointment of receiver is now subject of the present petition for certiorari filed by petitioners. Consequently, the filing of the present motion in this case is inappropriate. It is improper for respondent to use this case as a means by which to seek relief in her favor. Instead, she should have filed a separate petition directed against the Court of Appeals to assail its act of deferring action on the cases she filed before it.

WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Conchita Carpio Morales, Dante O. Tinga, Presbitero J. Velasco, Jr. and Arturo D. Brion, Members, Second Division, this 13^th day of April 2009.