Case Digest (G.R. No. L-14769)
Facts:
Leviste v. Ramos, G.R. No. L-14769. November 29, 1960, the Supreme Court En Banc, Padilla, J., writing for the Court.Petitioner Lauro P. Leviste filed a verified complaint on July 9, 1958 in the Court of First Instance of Oriental Mindoro (civil case No. R-802) seeking recovery of possession of a 132-ha parcel (Lot No. 5013, original certificate of title No. P-706), a declaration of ownership of crops/plants/trees and buildings erected thereon that were allegedly placed in bad faith by respondents, and various damages and litigation expenses. He also prayed for the appointment of a receiver for the "crops, plants and improvements," naming Gabriel Fernandez as his preferred appointee.
Respondents included Eusebio F. Ramos, in his capacity as Judge of the Eighth Judicial District and Presiding Judge of the Court of First Instance of Oriental Mindoro, and private respondents Teodora Banayo and Felix Ortega (the occupants/defendants). The respondents answered and counterclaimed for moral damages and litigation expenses, asserting they had been in actual possession since 1951 and cultivated the land in good faith as believing it to be public domain.
On August 16, 1958 the respondent trial court denied petitioner’s motion for appointment of a receiver; petitioner moved for reconsideration, which the trial court again denied on November 4, 1958. Petitioner then filed a petition under Rule 67 for writs of certiorari and mandamus in the Supreme Court seeking annulment of the tri...(Subscriber-Only)
Issues:
- Did petitioner lack a plain, speedy and adequate remedy in the ordinary course of law so as to make a Rule 67 petition for certiorari and mandamus proper?
- Did the Court of First Instance gravely abuse its discretion in denying petitioner’s motion for appointment of a receiver over the crops, plants, trees and improveme...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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