G.R. No. 184478 - Perez vs. Spouses Madrona

Spouses Fortunito L. Madrona and Yolanda B. Pante are registered owners of Lot 22, Block 5, France Street corner Italy Street, Greenheights Subdivision, Phase II, Marikina City (TCT No. 169365). In 1989, they constructed a residence enclosed by a concrete fence and steel gate.
Jaime S. Perez, in his personal and official capacity as Chief of the Marikina Demolition Office, sent two notices (May 25, 1999 and February 28, 2001) accusing the respondents’ fence of encroaching on the sidewalk and directing its removal within seven to ten days, under threat of summary demolition citing various laws (PD 1096, PD 772, RA 917 as amended, etc.).

On March 12, 2001, respondents filed an injunction complaint with prayer for TRO and preliminary injunction. The RTC issued a TRO on March 16, 2001. Petitioner failed to timely answer, was declared in default (July 13, 2001), and his motion to lift default was denied (December 10, 2001; recon. denied March 6, 2002). A petition for certiorari before the CA was dismissed (August 20, 2002).
The injunction case was dismissed for want of prosecution (September 15, 2003) but later reinstated (December 3, 2003) due to prior RTC suspension of proceedings. Respondents presented ex parte evidence, and on July 27, 2004 the RTC granted permanent injunction, awarded ₱20,000 attorney’s fees and ₱5,000 costs. The CA affirmed on March 31, 2008. Petitioner filed a Rule 45 petition before the Supreme Court.

Whether the trial court erred in reinstating respondents’ dismissed injunction complaint.
Whether the requisites for issuance of a writ of injunction are present.
Whether petitioner is liable for attorney’s fees, costs of suit, and additional damages.