Title
Agno River Gold Dredging Co., Inc. vs. De Leon
Case
G.R. No. 43027
Decision Date
Feb 19, 1935
The court upheld the issuance of a writ of preliminary injunction, affirming that it was within the respondent judge's discretion based on presented evidence during a hearing.
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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:

  • (Unlock)

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

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