VENANCIO CASTAÑEDA and NICETAS HENSON, pet. vs. PASTOR D.

AGO, LOURDES
YU AGO and THE COURT OF APPEALS, resp.

Supreme Court First Division

July 30, 1975
No. L-28549
PETITION for review of the decision of the Court of Appeals

FACTS
- In 1955, petitioners Venancio Castañeda and Nicetas Henson filed a replevin suit against
respondent Pastor Ago in the Court of First instance in Manila to recover certain
machineries
- In 1957, judgment was rendered in favor of the plaintiffs, ordering Ago to return the
machineries or pay money.
- Ago appealed but the Supreme court affirmed the judgment. The trial court issued a write
of execution worth P172,923.87. Ago moved for a stay of execution but his motion was
denied and levy was made on Ago’s house. Sheriff then auctioned the house for sale on
1961. Ago moved to stop the auction with the Court of appeals but was dismissed; SC
affirmed the dismissal.
- Ago thrice attempted to obtain a writ of preliminary injunction to stop the writ of
execution; all motions were denied.
- Sheriff then sold the house to the highest bidders, pet. Castañeda and Henson. Ago failed
to redeem and sheriff executed the final deed of sale. CFI of Manila issued a writ of
possession of the properties.
- In May 1964, Ago now joined by his wife, Lourdes Ago, filed a complaint in the CFI of
QC to annul the sale on the ground that the obligation of Pastor Ago upon which the
judgment was rendered against him in the replevin suit was his personal obligation and
that Lourdes Ago’s ½ share on their residential house that was sold could not legally be
reached for the satisfaction of the judgment.
- CFI of QC issued an ex parte writ of preliminary injunction cancelling the sale.
- Nov 1967, the court lifted the order
- While the battle on the matter of lifting and restoring the restraining order, the Ago’s
filed a petition for certiorari and prohibition in this court under May 26,1966 praying writ
of preliminary injunction to enjoin the sheriff from enforcing the writ of possession; case
was dismissed. Ago filed similar petition to CA; CA dismissed. Agos appealed to the SC
which also dismissed the petition.
- Agos again repaired once more to the CA. The court then gave due course to the petition
and granted preliminary injunction.
- Pet. Castañeda and Henson having failed to obtain reconsideration, filed present petition
for review of the aforesaid decision.

ISSUE: W/N the decision of granting preliminary injunction by the Court of Appeals is final.

HELD: NO. The Decision o the Court of Appeals under review is set aside. Despite pendency in
the trial court of the complaint for the annulment of the sheriff’s sale, elementary
 justice demands that the petitioners, long denied the fruits of their victory in the
replevin suit, must now enjoy them, for, the respondents Agos, abetted by their
lawyer, Jose M. Luison, have misused the legal remedies and prostituted the
judicial process to thwart the satisfaction of the judgment, to the extended prejudice
of the petitioners.

REASONING: The respondents with the assistance of their lawyer, maneuvered for 14 years to
resist execution of the judgment of the replevin case by filing repeated appeals from
one court to another. (5 times in the Supreme Court garnering the same decision).

The court condemns the attitude and actions of the respondent and their counsel
who, “far from viewing courts as sanctuaries for those who seek justice have tried
to use them to subvert the very ends of justice”

Forgetting his sacred mission as a sworn public servant and his exalted position as
an officer of the court, Atty. Luison has allowed himself to become an instigator of
controversy and a predator of conflict instead if a mediator for concord and a
conciliator or compromise, a virtuoso of technicality in the conduct of litigation
instead of a true exponent of the primacy of truth and moral justice.

Treble costs are assessed against the spouses Pastor Ago and Lourdes Ago, which
shall be shouldered by their lawyer, Atty. Jose M. Luison.