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Facts: Universal Ventures mortgaged property in favor of Respondentbank. The Bank foreclosed the property and the Bank registered the sale
with the Register of Deeds. The Bank filed a writ of possession.
Petitioners filed a suit against Respondent seeking to perpetually restrain
the enforcement of the writ of possession against them, and to recover
damages.
Issue: Whether or not a writ of possession issued by a CFI in accordance
with Act 3135, to give possession of property sold at an extra-judicial
foreclosure sale to the purchaser thereof, may be enforced against
persons other than the mortgagor.
Held: The petition for prohibition is dismissed. The petitioners cannot be
deemed third parties actually holding the property adversely to the
mortgagor. They derive their rights to the possession of the property
exclusively from the mortgagor, in virtue of verbal agreements of lease.
Del Rosario and DATICOR vs. Far East Bank & Trust Company and
PDCP
Facts: DATICOR and PDCP entered into a foreign currency loan
agreement payable in installments. The loans were secured by real estate
mortgages. Petitioners had filed a complaint of Usury, Annulment of
Contract and damages. Petitioners filed another complaint for sum of
money against Respondents.
Issue: Propriety of the dismissal of the newer civil case.
Held: The petition for review is dismissed. There is no doubt that the
judgement in Civil Case No. 94-1610 was on the merits; judgment on
appeal relative to the Civil Case was a final judgement. As to the
requisite of identity of parties, subject matter and causes of action, it
cannot be gainsaid that the first case was brought by petitioners to
recover an alleged overpayment.
Davao Light and Power Co. vs. CA
Facts: Petitioner filed a complaint for recovery of sum of money and
damages as well as an ex parte application for a writ of preliminary
attachment against Queensland Hotel.
Issue: Whether or not a writ of preliminary attachment may issue ex
parte against a defendant before acquisition of jurisdiction of the latters
person by service of summons or his voluntary submission to the Courts
authority.
Held: The petition for review is granted. After an action is properly
commenced- by the filing of the complaint and the payment of all
requisite docket and other fees- the plaintiff may apply for and obtain a
Held: The petition for review is dismissed. The foregoing rule explicitly
sets forth the remedy that may be availed of by a person who claims to be
the owner of property levied upon by attachment, viz: to lodge a third
party-claim with the sheriff, and if the attaching creditor posts an
indemnity bond in favor of the sheriff, to file a separate and independent
action to vindicate his claim.
Pacis vs. Commission on Elections and Negre
Facts: Petitioner filed a preliminary injunction against Respondent for the
canvass of votes and the proclamation of the Respondent as Mayor in the
SC. Respondent was enjoined from performing his duties as Mayor after
receipt of the injunctive writ. The COMELEC dissolved the writ and the
Respondent moved for the assessment and award of damages sustained
by him.
Issue: Whether the respondent is entitled to recover damages sustained
as a result of a wrongfully obtained injunction.
Held: The petition for certiorari is dismissed. Damages sustained as a
result of wrongfully obtained injunction may be recovered upon the
injunction bond required to be filed with the court. There is nothing in
the Rules which allows recovery of damages other than upon the bond
pledged by the party suing for an injunction.
Hernandez et al. vs. National Power Corporation
Facts: Respondent constructed steel poles passing through Dasmarias
Village. Petitioners filed a compliant with prayer for the issuance of a
Temporary Restraining Order and/or a Writ of Preliminary Injunction
against NAPOCOR.
Issue: Whether the trial court may issue a temporary restraining order
and preliminary injunction to enjoin the construction and operation of the
steel towers by NAPOCOR.
Held: The petition for review is granted. PD 1818 extends only to the
issuance of injunctions or restraining orders against administrative acts
in controversies involving facts or the exercise of discretion in technical
cases. On issues clearly outside this dimension and involving questions of
law, this Court declared that courts could not be prevented from
exercising their power to restrain or prohibit administrative acts.
Sabalones vs. CA and Remedios Sabalones
Facts: Petitioner left to his respondent-wife administration of their
conjugal properties. He later filed an action for judicial authorization to
sell a building belonging to the conjugal partnership. Private respondent
where their offices are maintained to the exclusion of the courts of first
instance in those localities where the aggrieved parties reside and the
questioned decisions are sought to be enforced.
Held: Petition for Mandamus and Injunction is granted. We see no cogent
reason why this power of judicial review should be confined to the courts
of first instance of the locality where the offices of respondents are
maintained, to the exclusion of the courts of first instance in those
localities where the plaintiffs reside, and where the questioned decisions
are being enforced.
Verzosa vs. CA and Uson
Facts: Petitioner foreclosed the mortgaged land of the Respondent.
Respondent filed a complaint against Petitioner for annulment of
mortgage with prayer for the issuance of a writ of preliminary injunction.
Respondent filed a Motion for Reconsideration upon the decision of the
Trial Court and afterwards, she filed her amended complaint.
Issue: What is the status quo ante that the said writ seeks to preserve?
Held: The petition for review is denied. The foregoing requisites for an
injunctive writ are present in this case. Where the acts are performed
after the injunction suit is brought, a defendant may not as a matter of
right proceed to perform the acts sought to be restrained and then be
heard to assert in the suit that the injunction will not lie because he has
performed these acts before final hearing has been had, but after the
beginning of the action. A defendant thus acts at his peril.
Tay Chun Suy vs. CA and DBP
Facts: SCLC obtained a loan secured with a mortgage from Respondent.
The mortgaged was foreclosed but Respondent did not register with the
Coast Guard the mortgage neither the foreclosure nor the auction sale.
SCHI entered into a Lease/Purchase Agreement with Respondent which
leased back the vessel. Petitioner caused the levy and attachment of the
same vessel in order to satisfy a judgement of the RTC.
Issue: As between the buyer of a vessel at a prior extrajudicial
foreclosure and the buyer at a subsequent auction sale, both buyers
failing to register their transactions, who has a better right of dominion
over the vessel?
Held: The petition for review is dismissed. A sheriffs ministerial duty to
conduct an auction sale is not without limitation. The procedure followed
by the Sheriff was patently irregular.
Normandy vs. Duque and Saura