Case Digest (G.R. No. L-40136)
Facts:
- The case involves Cosmos Foundry Shop Workers Union and Filemon G. Alvarez as petitioners against Lo Bu and the Court of Appeals as respondents.
- A labor dispute arose in 1961 involving the Cosmos Foundry Shop.
- The Court of Industrial Relations ruled in favor of the labor union, leading to a third alias writ of execution issued on January 16, 1973.
- Deputy Sheriff Mario Abiog was assigned to execute the writ by levying personal properties of the Cosmos Foundry Shop and New Century Foundry Shop for public auction.
- On January 17 and 18, 1973, Lo Bu filed a motion to recall the writ, claiming lack of jurisdiction and failure to post an indemnity bond.
- The Court of Industrial Relations denied Lo Bu's motions on February 23 and March 23, 1973.
- Lo Bu appealed to the Supreme Court (G.R. No. L-36636), which denied his petition on July 17, 1973.
- Lo Bu then filed a replevin suit in the Court of First Instance of Manila regarding the same properties.
- The labor union moved to dismiss the replevin complaint, asserting Lo Bu was a fictitious buyer, a claim supported by the Court of Industrial Relations.
- The lower court dismissed the replevin suit, but the Court of Appeals reinstated the appeal on December 19, 1974.
- The labor union subsequently filed a petition for certiorari and prohibition against the Court of Appeals.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that the Court of Appeals lacked jurisdiction to entertain the appeal from the Court of First Instance regarding the replevin suit.
- The Supreme Court determined that the replevin suit was a ...(Unlock)
Ratio:
- The Supreme Court's decision was based on the principles of res judicata and the law of the case.
- The Court noted that the validity of the sale of the New Century Foundry Shop to Lo Bu had already been adjudicated, with the Court of Industrial Relations finding the sale fictitious.
- Once a judgment becomes final, it is binding on all inferior courts, and subsequent actions attempting to relitigate the sa...continue reading
Case Digest (G.R. No. L-40136)
Facts:
The case involves the petitioners, Cosmos Foundry Shop Workers Union and Filemon G. Alvarez, against the respondents, Lo Bu and the Court of Appeals. The events leading to this case began in 1961 when a labor dispute arose involving the Cosmos Foundry Shop. After a prolonged legal battle, the Court of Industrial Relations issued a judgment in favor of the labor union, which led to the issuance of a third alias writ of execution on January 16, 1973, to enforce the judgment. Deputy Sheriff Mario Abiog was tasked with executing the writ, which involved levying the personal properties of the Cosmos Foundry Shop and the New Century Foundry Shop for a public auction sale.
On January 17 and 18, 1973, while the execution was underway, Lo Bu filed an urgent motion to recall the writ, claiming that the Court of Industrial Relations lacked jurisdiction and that the labor union had failed to post an indemnity bond. The Court of Industrial Relations denied these motions on February 23, 1973, and again on March 23, 1973, after which Lo Bu appealed to the Supreme Court (G.R. No. L-36636). The Supreme Court denied his petition on July 17, 1973.
Subsequently, Lo Bu initiated a replevin suit in the Court of First Instance of Manila concerning the same properties. The labor union filed a motion to dismiss the replevin complaint, arguing that Lo Bu had no cause of action as he was a fictitious buyer, a claim supported by findings from the Court of Industrial Relations. The lower court dismissed the replevin suit, but Lo Bu appealed this dismissal to the C...