Title
Behn, Meyer and Co., Ltd. vs. Court of 1st Instance of Manila
Case
G.R. No. 5144
Decision Date
Mar 9, 1909
Mandamus sought to enforce judgment; injunction issued by lower court restrained execution. Supreme Court ruled mandamus improper; appeal was correct remedy.
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Case Digest (G.R. No. 5144)

Facts:

  1. Background of the Case:
    This is an original action of mandamus filed by Behn, Meyer & Co., Ltd., to compel the Court of First Instance of Manila and its clerk to issue a writ of execution in the case of Behn, Meyer & Co. vs. El Banco Espanol-Filipino.

  2. Judgment in the Bank Case:
    A final judgment was rendered in favor of Behn, Meyer & Co. in the case against El Banco Espanol-Filipino.

  3. Injunction Issued by the Court of First Instance:
    After the final judgment, Siu Liong & Co. filed a separate case against Behn, Meyer & Co. in the Court of First Instance of Manila. In this case, a preliminary injunction was issued, restraining Behn, Meyer & Co. from taking any action to collect the judgment in the bank case, including through a writ of execution.

  4. Motion to Dissolve the Injunction:
    Behn, Meyer & Co. moved to dissolve the preliminary injunction, but the motion was denied, and the injunction remained in effect.

  5. Claim of Lack of Jurisdiction:
    Behn, Meyer & Co. argued that the Court of First Instance had no jurisdiction to issue the injunction and, therefore, they were not obligated to obey it.

Issue:

  1. Whether the Court of First Instance had jurisdiction to issue the preliminary injunction restraining Behn, Meyer & Co. from enforcing the judgment in the bank case.
  2. Whether the mandamus action filed by Behn, Meyer & Co. is the proper remedy to challenge the injunction issued by the Court of First Instance.

Ruling:

The Supreme Court ruled in favor of the defendants, holding that the action for mandamus could not be maintained. The Court of First Instance had jurisdiction to issue the preliminary injunction, and any error in issuing it could only be corrected through an appeal in that case, not through a separate mandamus action.

Ratio:

  1. Jurisdiction of the Court of First Instance:
    The Court of First Instance is a court of general jurisdiction. It had jurisdiction over the parties and the subject matter in the case where the preliminary injunction was issued. Whether the injunction should have been granted was a matter within the court's discretion.

  2. Proper Remedy for Challenging the Injunction:
    If Behn, Meyer & Co. believed the injunction was erroneously issued, the proper remedy was to appeal the decision in the case where the injunction was granted. A mandamus action is not the appropriate way to indirectly challenge the injunction.

  3. Binding Nature of Court Orders:
    Even if the court erred in issuing the injunction, the order remains binding unless overturned on appeal. Behn, Meyer & Co. could not disregard the injunction by claiming lack of jurisdiction.

  4. Precedent on Injunctions:
    The Court cited Behn, Meyer & Co. vs. McMicking, where a similar injunction was issued but was later dissolved on appeal. The dissolution was based on the merits of the case, not on the court's lack of jurisdiction to issue the injunction.


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