Case Digest (G.R. No. 156358)
Facts:
In Angelina Pahila-Garrido v. Eliza M. Tortogo, et al. (G.R. No. 156358, August 17, 2011), petitioner Angelina Pahila-Garrido, substituted for her late husband Domingo Pahila, pursued an ejectment suit in the Municipal Trial Court in Cities (MTCC), Branch 6, Bacolod City, against several occupants of her titled lands, including respondents Eliza M. Tortogo, Leonila Flores, Ananias Sedonio, Adelino Monet, Angie Monet, Juanito Garcia, Eleonor Garcia, Benita Moya, Julio Altares, Lea Altares, Clarita Sabido, Julie Ann Villamor, Juanita Tuala, Victor Flores III, Johnny Moya, Hazel Avanceña, Sonia Evangelio, and Genny Montaño. On March 17, 1999, the MTCC rendered judgment ordering the respondents to vacate portions of Lots 641-B-1, 641-B-2, and F-V-3-3749-D covered by Transfer Certificates of Title Nos. T-167924, T-167925, T-167926, and T-55630. The Regional Trial Court (RTC), Branch 48, affirmed on September 22, 1999. Respondents appealed to the Court of Appeals (CA), which dismissedCase Digest (G.R. No. 156358)
Facts:
- Ejectment suit and substitution
- On June 23, 1997, Domingo Pahila filed an ejectment action (Civil Case No. 23671) in MTCC Branch 6, Bacolod City, to evict defendants occupying Lots 641-B-1 (TCT T-167924), 641-B-2 (TCT T-167925), 641-B-3 (TCT T-167926) and F-V-3-3749-D (TCT T-55630).
- Domingo Pahila died during the proceedings; his wife, Angelina Pahila-Garrido, was substituted as plaintiff on September 24, 1998.
- Decisions and appeals
- MTCC decision (March 17, 1999) awarded possession to petitioner and denied preliminary injunction to defendants; amended February 16, 2000.
- RTC affirmed on September 22, 1999; Court of Appeals dismissed appeal and denied reconsideration (December 6, 1999; April 17, 2000). The Supreme Court denied certiorari in G.R. No. 143458 on July 19, 2000 (entry of judgment October 20, 2000).
- Executory proceedings and motions in MTCC
- Petitioner obtained writ of execution on April 5, 2000; served August 24, 2000 on all defendants.
- Respondents filed motions to quash and to stay execution (April 20, 2001) citing DENR memoranda recommending cancellation of TCT T-55630; MTCC denied motions (May 4 and June 8, 2001).
- SCA Case No. 01-11522 in RTC Branch 48
- Respondents filed a petition for certiorari and prohibition with prayer for TRO and preliminary prohibitory injunction on October 1, 2001.
- RTC granted TRO on October 11, 2001 (indefinite duration) and preliminary prohibitory injunction on November 12, 2002 enjoining execution of the final MTCC decision.
Issues:
- Proper remedy
- Whether the petitioner should appeal the November 12, 2002 RTC order or file a special civil action for certiorari.
- Validity of injunctive relief
- Whether the RTC lawfully issued the TRO and preliminary prohibitory injunction to restrain execution of a final and executory judgment.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)