Case Digest (G.R. No. 43027)
Facts:
- The case involves Agno River Gold Dredging Co., Inc. (petitioner) and Dionisio de Leon, Judge of the First Instance of Pangasinan, along with Agno Placer Mining Co. (respondents).
- Agno Placer Mining Co. filed civil case No. 6886, claiming ownership of 66 mining claims covering 520 hectares in Pangasinan.
- The plaintiff asserted that it filed declarations of location for these claims in 1933, which were registered.
- The petitioner countered that it had adverse rights and had been in possession of the same claims through its employees and agents.
- The plaintiff sought a preliminary injunction to prevent the petitioner from interfering with its possession and requested proof of the petitioner's rights.
- A hearing was held where both parties presented evidence.
- On January 3, 1935, the judge granted the preliminary injunction, allowing the plaintiff to file a bond of P30,000, which was approved.
- Evidence indicated that the plaintiff was in peaceful possession, while the petitioner failed to establish its rights.
Issue:
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Ruling:
- The Supreme Court denied the petition for a writ of certiorari, affirming the respondent judge's decision to issue the preliminary injunction.
- The court ruled that the judge did not a...(Unlock)
Ratio:
- The court stated that the issuance of a writ of injunction is a discretionary power of the courts, exercised according to the law.
- The only limitation is that the writ must be issued based on the grounds and manner prescribed by law.
- The respondent judge conducted a hearing where evidence showed the plaintiff was in peaceful possessi...continue reading
Case Digest (G.R. No. 43027)
Facts:
The case involves Agno River Gold Dredging Co., Inc. (petitioner) and Dionisio de Leon, Judge of the First Instance of Pangasinan, along with Agno Placer Mining Co. (respondents). The events leading to this case began when Agno Placer Mining Co. filed civil case No. 6886 in the Court of First Instance of Pangasinan, asserting ownership of 66 individual mining claims covering 520 hectares in the municipalities of San Manuel, San Nicolas, Tayug, and Santa Maria, Pangasinan. The plaintiff claimed to have filed declarations of location for these mining claims on several dates in 1933, which were duly registered. The petitioner, Agno River Gold Dredging Co., Inc., countered that it had rights adverse to those claimed by the plaintiff and had been exercising possession and ownership over the same mining claims through its employees and agents. The plaintiff sought a preliminary injunction to prevent the petitioner from interfering with its possession and enjoyment of the claims, requesting that the petitioner be required to prove its alleged rights.
The respondent judge scheduled a hearing where both parties presented evidence. On January 3, 1935, the judge granted the writ of preliminary injunction, allowing the plaintiff to file a bond of P30,000. The bond was approved, and t...