Case Digest (G.R. No. L-29618)
Facts:
- The case involves Bisaya Land Transportation Co., Inc., Manuel Cuenco, Lourdes Cuenco, Jose P. Velez, Federico A. Reyes, and Jesus P. Velez as petitioners.
- Respondents include Hon. Francisco Geronimo, Presiding Judge of the Court of First Instance of Manila, Branch XII, and Miguel Cuenco.
- On April 2, 1969, petitioners filed a motion regarding alleged abusive withdrawals by a court-appointed receiver during Miguel Cuenco's appeal.
- The appeal contested a prior order from April 3, 1968, which dismissed quo warranto proceedings initiated by the Republic of the Philippines.
- Petitioners sought orders to stop the receiver's withdrawals, reassess the receiver's fees, and disallow certain claimed expenses.
- On May 9, 1969, the respondent judge ruled he lacked jurisdiction due to the case being elevated to the Supreme Court.
- A motion for reconsideration filed on May 17, 1969, was denied on May 24, 1969.
- The case centers on the interpretation of Section 9, Rule 41 of the Rules of Court.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the trial court retains jurisdiction to act on the petitioners' motion concerning the receiver's withdrawals.
- The Court determined that the reliefs sought by the petitioners were aimed at protecting t...(Unlock)
Ratio:
- The Court's decision was based on the interpretation of Section 9, Rule 41 of the Rules of Court, which allows a trial court to issue orders for the protection of parties' rights during an appeal.
- Pre...continue reading
Case Digest (G.R. No. L-29618)
Facts:
The case involves Bisaya Land Transportation Co., Inc., Manuel Cuenco, Lourdes Cuenco, Jose P. Velez, Federico A. Reyes, and Jesus P. Velez as petitioners against Hon. Francisco Geronimo, the Presiding Judge of the Court of First Instance of Manila, Branch XII, and Miguel Cuenco as respondents. The events leading to this case began on April 2, 1969, when the petitioners filed a motion concerning the alleged abusive and illicit withdrawals made by a court-appointed receiver during the pendency of an appeal filed by Miguel Cuenco. This appeal was against a prior order issued by the respondent judge on April 3, 1968, which dismissed the quo warranto proceedings initiated by the Republic of the Philippines. The petitioners sought several orders, including the immediate cessation of the receiver's withdrawals, a reassessment of the receiver's fees, and the disallowance of certain expenses claimed by the receiver. On May 9, 1969, the respondent judge ruled that he lacked jurisdiction to act on the motion since the case records had been elevated to the Supreme Court due to the ongoing appeal. The petitioners subsequently filed a motion for reconsideration on May 17, 1969, which was denied on May 24, 1969. The case revolves ar...