Title
Bisaya Land Transportation Co., Inc. vs. Geronimo
Case
G.R. No. L-29618
Decision Date
Aug 28, 1969
The trial court may appoint a receiver and issue protective orders during an appeal, provided they do not address issues under appeal.
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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.
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