Case Summary (G.R. No. 38515-16)
Background and Procedural History
On January 30, 1970, the CFI of Manila issued a decision in Civil Case No. 75138, ordering B & B to pay Acaban a total sum that included principal amounts, interest, attorney's fees, and costs. Following this judgment, Acaban sought to enforce the decision through garnishment of B & B's bank deposits. However, more than two years later, B & B challenged this judgment in a separate case (Civil Case No. 86246), claiming lack of jurisdiction and that it had not been properly served with summons. The court initially issued a writ of preliminary injunction that restrained Acaban and the Manila Sheriff from enforcing the earlier judgment.
Issues Before the Court
The petition raised two central issues:
- Whether a judgment debtor like B & B is entitled to an injunctive writ that stops the execution of a final judgment.
- Whether the respondent judge abused discretion when denying Acaban's motion to proceed with garnishment.
Court's Findings and Ruling
The Court found that there was no need to resolve the posed issues due to the subsequent developments in the related cases. Specifically, the Court of Appeals had upheld the decision of Judge Ortega to dismiss B & B’s complaint in Civil Case No. 86246, which reaffirmed the validity of the original judgment in Civil Case No. 75138. Since the appellate court's ruling rendered the original judgment final and executory, the petition filed by Acaban was deemed moot
...continue readingCase Syllabus (G.R. No. 38515-16)
Case Overview
- This case involves a petition for certiorari and mandamus filed by Vicente G. Acaban against Honorable Wenceslao M. Ortega, presiding judge of the Court of First Instance (CFI) of Manila, and B & B Forest Development Corporation.
- The petition sought to annul an order that authorized a writ of injunction restraining Acaban and the Sheriff of Manila from executing a prior judgment in Civil Case No. 75138.
- Additionally, the petition sought to compel the respondent judge to order the garnishment of B & B's bank deposits.
Background of the Case
- The judgment in Civil Case No. 75138 was rendered on January 30, 1970, ordering B & B and co-defendants to pay Acaban various sums totaling P31,510.41, which included principal amounts, interest, attorney's fees, and costs.
- Following the judgment, Acaban filed a motion to garnish B & B's bank deposits with China Banking Corporation.
- In response, the court directed B & B's bank to report on any deposits and to hold them intact pending further orders.
Subsequent Proceedings and Injunction
- On February 21, 1972, B & B filed a complaint (Civil Case No. 86246) seeking to annul the judgment in Civil Case No. 75138, claiming lack of ju