Facts:

• Vicente G. Acaban is the petitioner against Honorable Wenceslao M. Ortega, Presiding Judge of the Court of First Instance (CFI) of Manila, Branch VIII, and B & B Forest Development Corporation as respondents.
• On January 30, 1970, the CFI of Manila issued a decision in Civil Case No. 75138, ordering B & B and other defendants to pay Acaban P24,910.41, plus interest, P300.00 for cash advanced, P6,300.00 for attorney's fees, and costs of the suit.
• Acaban filed a motion for garnishment of B & B's bank deposit with China Banking Corporation, leading the court to order the bank to report on any deposits held by B & B.
• On February 21, 1972, B & B filed a complaint to annul the judgment in Civil Case No. 75138, claiming lack of jurisdiction and denial of due process due to alleged failure to serve summons.
• The court issued a preliminary injunction restraining Acaban and the Sheriff of Manila from enforcing the writ of execution.
• After a trial, the court dismissed B & B's complaint on March 6, 1974, affirming the validity of the original judgment.
• B & B sought to restore the injunction pending appeal, leading to Judge Ortega's order on March 27, 1974, which again restrained the execution of the judgment.
• Acaban filed a petition for certiorari and mandamus to annul this order and compel the sheriff to proceed with the garnishment.

Issue:

• (Unlock)

Ruling:

• The Supreme Court dismissed the petition, stating that the issues raised were rendered moot and academic due to the finality of the judgment in Civil Case No. 86246, w...(Unlock)

Ratio:

• The Court reasoned that the finality of the judgment in Civil Case No. 86246, which dismissed B & B's complaint to annul the earlier judgment in Civil Case No. 75138, made the current petition unnecessary to reso...continue reading