Case Digest (G.R. No. 76944)
Facts:
- The case involves the Republic of the Philippines seeking the annulment of orders issued by the Regional Trial Court in relation to the liquidation of Wellington Insurance Company.
- The petitioner filed a Petition for Liquidation with Receivership and Preliminary Injunction against Wellington Insurance Company on August 29, 1972.
- On September 18, 1972, the lower court appointed the Insurance Commissioner as receiver of Wellington Insurance Company and granted a writ of preliminary injunction.
- On June 19, 1984, the Insurance Commissioner filed a motion for approval of final liquidation report with project of partition, which the lower court granted.
- On November 12, 1985, Wellington filed a motion for reconsideration and modification of the order.
- On July 16, 1986, the lower court issued an order modifying the previous order and approving the payment of preferred claims and accrued expenses.
- On August 27, 1986, the lower court granted Wellington's motion for execution and awarded attorney's fees.
- On September 22, 1986, the lower court approved the reduction of attorney's fees.
Issue:
- (Unlock)
Ruling:
The petition is dismissed for lack of merit. Tito Fajardo has legal standing to represent Wellington Insurance Company. The respondent judge did not act without jurisdiction or with grave abuse of discretion in issuing the orders. The...(Unlock)
Ratio:
- A lawyer is presumed to be properly authorized to represent any cause in which he appears, and no written power of atto...continue reading
Case Digest (G.R. No. 76944)
Facts:
The case involves a petition for certiorari filed by the Republic of the Philippines against the Regional Trial Court (RTC) regarding the liquidation of Wellington Insurance Company. The petitioner seeks to annul the orders issued by the RTC and restrain the respondent judge from proceeding further in the civil case. The petitioner filed a petition for liquidation against Wellington Insurance Company on August 29, 1972. The lower court appointed the Insurance Commissioner as receiver and granted a writ of preliminary injunction. On June 19, 1984, the Insurance Commissioner filed a motion for approval of the final liquidation report, which the lower court granted. However, Wellington filed a motion for reconsideration of the order. Before acting on the motion, the lower court directed the petitioner to furnish copies of the motion to government agencies for their comments. After hearing and filing of memoranda, the lower court issued an order modifying the previous order and approving the payment of preferred claims and accrued expenses. The order became final and executory. Wellington's counsel filed a motion for execution and a notice of attorney's lien. The lower court granted the motion for execution and directed the payment of preferred claims and attorney's fees. Wellington later raised an issue regarding the attorney's lien, and an agreement was reached to fix the attorney's fees at ...