Title
Republic vs. Soriano
Case
G.R. No. 76944
Decision Date
Dec 20, 1988
The Republic of the Philippines seeks the annulment of orders issued by the Regional Trial Court in relation to the liquidation of Wellington Insurance Company, but the court denies the motion, upholding the orders as final and executory.
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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

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