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
Case Digest (G.R. No. 158195)
Facts:
The case involves petitioners James L. King and Diosdado Retuya, who filed a complaint for sum of money with damages against several individuals and corporations, including Roderick Lim Go, Grace Tan Go, and their respective businesses, namely L.T. & Sons, Inc., Butuan Premier Distribution, Inc., Supreme Theater Corporation, and Tan Enterprises, Inc. The events leading to the case began when King was persuaded by the spouses Go to invest in their business, promising a daily interest of one percent on his investment. King invested a substantial amount of P61,280,000, while Retuya contributed P500,000. Following the filing of the complaint, the Regional Trial Court in Mandaue City issued a writ of preliminary attachment against the private respondents after the petitioners posted a bond of P61,280,000. The sheriff executed the writ by attaching the properties of the private respondents in Butuan City, leading them to padlock their offices. In response, the private respondents filed an Omnibus Motion to dismiss the complaint, quash the writ of preliminary attachment, and cite the petitioners for contempt. Subsequently, the petitioners sought a Break Open Order and military assistance. The private respondents then filed a petition for certiorari with the Supreme Court, which was dismissed due to procedural deficiencies. They later filed a petition for certiorari with the Court of Appeals, which issued a Temporary Restraining O...