Case Digest (G.R. No. 142649)
Case Digest (G.R. No. 142649)
Facts:
Antonio C. San Luis, G.R. No. 142649, September 13, 2001, First Division, Davide, Jr., C.J., writing for the Court. Petitioner is Antonio C. San Luis, Administrator of the Light Rail Transit Authority (LRTA); private respondent is T.N. Lal & Co., Ltd.; other respondents include the Court of Appeals and Hon. Nelson Bayot, Presiding Judge, RTC Pasay City, Branch 118.Private respondent filed a verified petition for indirect contempt against petitioner in the Regional Trial Court (RTC) of Pasay City, docketed Civil Case No. 99-0480 and raffled to Branch 118. The contempt petition alleged petitioner failed or refused to obey an order dated 7 April 1999 issued by Hon. Ernesto A. Reyes of Branch 111 in Civil Case No. 97-0423, which directed the LRTA to restore power to private respondent’s sound system within 24 hours.
Petitioner moved to dismiss the contempt petition, alleging lack of cause of action and forum-shopping. On 15 July 1999, Judge Bayot issued an order (copy received by petitioner on 9 August 1999) directing transfer of Civil Case No. 99-0480 to Branch 111 because Branch 111 issued the order alleged to have been disobeyed. Petitioner filed a motion for reconsideration on 18 August 1999; Judge Bayot on 22 October 1999 (copy received by petitioner on 8 November 1999) stated the records had already been transferred and refused to act further on the motion.
Petitioner then filed a petition for certiorari and mandamus under Rule 65 with the Court of Appeals on 7 January 2000 (docketed CA-G.R. SP No. 56549), seeking annulment of Judge Bayot’s orders as being made without or in excess of jurisdiction and with grave abuse of discretion. The Court of Appeals dismissed the petition as filed out of time in a Resolution dated 24 January 2000 and denied petitioner’s motions for reconsideration and for relaxation of rules in a Resolution dated 13 March 2000. Petitioner invoked this Court’s review, challenging those Court of Appeals resolutions.
Issues:
- Did the Court of Appeals gravely abuse its discretion in dismissing petitioner’s Rule 65 petition as filed out of time?
- Did Judge Bayot commit grave abuse of discretion or act without or in excess of jurisdiction when he refused to act on petitioner’s motions and transferred the contempt proceeding to Branch 111?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)