Title
Lim vs. Sabarre
Case
G.R. No. L-22002
Decision Date
Jul 20, 1968
Appellants challenged a municipal ordinance prohibiting trawl fishing, alleging its disapproval. Courts upheld jurisdiction, dismissing claims of abuse and affirming adequate remedies via appeal.

Case Summary (G.R. No. L-22002)

Background of the Dispute

In August 1960, the appellants were charged in Criminal Cases Nos. 1778 and 1785 for violating Municipal Ordinance No. 20, which prohibits trawl fishing. Following their plea of not guilty, the appellants filed a motion to quash the complaints, arguing that the ordinance had been disapproved by the Secretary of Agriculture and Natural Resources on March 12, 1957. The Justice of the Peace, Sabarre, denied this motion and set the cases for trial in 1961.

Legal Proceedings in the Court of First Instance (CFI)

On May 15, 1961, the appellants commenced an action in the Court of First Instance of Samar seeking a writ of prohibition and mandamus to restrain the enforcement of the municipal ordinance. They sought to annul the ordinance, compel Sabarre to quash the complaints, refund P800 allegedly collected under the ordinance, and recover damages. The respondents denied several allegations and provided affirmative defenses, including the assertion that the complaint lacked a valid cause of action.

CFI's Ruling

During the hearing on July 23, 1963, the appellants' counsel argued that Sabarre lacked jurisdiction due to the legality of the municipal ordinance being in question. However, the CFI ruled that Sabarre should proceed with the trial of the criminal cases, asserting that the appellants could appeal any potential judgement following that trial. The CFI subsequently dismissed the motion to quash, stating that it was meritless due to the absence of a clear legal basis for the claims provided by the appellants.

Appeal and Legal Analysis

In their appeal, the appellants contended that the lower court erred by dismissing the complaint without a full hearing and in not recognizing the alleged jurisdictional excess by the Justice of the Peace and the Mayor. The court clarified that a writ of prohibition is only applicable when a party acts beyond their jurisdiction or shows grave abuse of discretion. It underscored that a motion to quash relies primarily on judicial discretion and that prohibition is not an appropriate remedy for reviewing a motion denial.

Examination of the Ordinance's Validity

The ordinance's disapproval was cited by the appellants as the basis for their quash motion. However, they failed to demonstrate when the ordinance was submitted to the Secretary or to affirm that the

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