Title
King vs. Court of Appeals
Case
G.R. No. 158195
Decision Date
Dec 16, 2005
The Supreme Court dismissed the petition in King v. Court of Appeals as moot and academic due to the resolution by the appellate court rendering the issues irrelevant.
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Case Digest (G.R. No. 158195)

Facts:

  • Petitioners: James L. King and Diosdado Retuya.
  • Filed a complaint for sum of money with damages against Roderick Lim Go, Grace Tan Go, and their businesses (L.T. & Sons, Inc., Butuan Premier Distribution, Inc., Supreme Theater Corporation, Tan Enterprises, Inc.).
  • King was persuaded to invest P61,280,000 with a promise of 1% daily interest; Retuya invested P500,000.
  • Regional Trial Court issued a writ of preliminary attachment after petitioners posted a bond.
  • Sheriff executed the writ, leading to the private respondents' offices being padlocked.
  • Private respondents filed an Omnibus Motion to dismiss the complaint and quash the writ.
  • Petitioners sought a Break Open Order and military assistance.
  • Private respondents filed a petition for certiorari with the Supreme Court, which was dismissed for procedural issues.
  • They later filed with the Court of Appeals, which issued a Temporary Restraining Order, later converted to a preliminary injunction.
  • Appellate court ruled that fraud was solely by the spouses Go; corporate entities were not liable.
  • Petitioners filed a petition for certiorari with the Supreme Court to nullify the appellate court's resolutions.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the petition for certiorari, stating the case had become moot and academic due to th...(Unlock)

Ratio:

  • The Supreme Court determined that the petitioners' claims were moot and academic because the appellate court's final injunction nullified the trial court's writ of preliminary attachment.
  • A case is moot when it no longer presents a j...continue reading

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