Case Digest (G.R. No. 75860)
Facts:
Ang Ping and Carmen Pimentel v. Regional Trial Court of Manila, Branch 40; and Julio and Zenaida Ko, G.R. No. 75860, September 17, 1987, Supreme Court Third Division, Gutierrez, Jr., J., writing for the Court.The dispute arose from an ejectment action filed by petitioners Ang Ping and Carmen Pimentel against Julio and Zenaida Ko. On October 25, 1983 the Metropolitan Trial Court (MTC) of Manila rendered judgment for the petitioners ordering the respondents to vacate the premises, to pay monthly rentals and attorney’s fees. The Regional Trial Court (RTC) of Manila affirmed the MTC on March 26, 1984 and, on July 5, 1984, reduced the award of rentals to P500 per month. The Intermediate Appellate Court and this Court later addressed procedural questions about promulgation; in G.R. No. 70581 (Ang Ping, et al. v. Intermediate Appellate Court, et al.), this Court, by resolution dated November 13, 1985, affirmed the decisions below as modified (reducing monthly rentals to P500). After denial of motions for reconsideration and entry of judgment, petitioners moved in the MTC for execution of the ejectment judgment; the MTC granted execution over respondents’ opposition.
In the meantime the respondents procured a separate RTC judgment in Civil Case No. 13911 (a nullification of sale/reconveyance action) declaring the sale by the prior owner to petitioners null and void, ordering reconveyance and allowing respondents to repurchase part of the property at a fixed price; that decision rested on findings of long possession, payment of rent, alleged failure by the owner/buyers to deal with respondents in good faith, and equitable considerations. Petitioners’ motion for reconsideration in Civil Case No. 13911 was denied and that nullification case was elevated to the Court of Appeals where it remained pending.
On April 28, 1986 respondents filed a petition for certiorari with prayer for a temporary restraining order and preliminary injunction in Branch 40 of the RTC of Manila to enjoin execution of the MTC writ of execution. Branch 40 issued a TRO and, by order of May 16, 1986, denied petitioners’ motion to dismiss and directed issuance of a writ of preli...(Pro-only)
Issues:
- Did the Regional Trial Court commit grave abuse of discretion or act without or in excess of jurisdiction in issuing a temporary restraining order and preliminary injunction to stay execution of the final ejectment judgment?
- Do equitable considerations arising from the RTC nullification-of-sale decision justify staying execution ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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