Professional Documents
Culture Documents
CASE # 1
FACTS:
Petitioners filed with the RTC Makati a petition for injunction (with
damages with prayer for issuance of a TRO, writ of preliminary injunction,
and writ of mandatory preliminary injunction) against the respondents
seeking to enjoin them from misrepresenting to the public that they are the
owners of the Concorde condominium building, and to prevent other certain
individuals and government officials from doing particular acts. The case
was docketed as a civil case and raffled to a Makati RTC branch which was
designated as a special commercial court. The respondents moved to
dismiss claiming that the said RTC branch, as a special commercial court,
has no jurisdiction over the case because it is merely an ordinary civil action
and not those cases such as intra-corporate disputes over which special
commercial courts have exclusive jurisdiction.
ISSUE:
Whether or not the RTC dismissing the petition on the ground of lack
of jurisdiction.
RULING:
CASE # 2
FACTS:
The RTC decided the petition on the basis of the CSC memo circular
82 which states that the non-issuance of a restraining order or injunction
would make the CSC resolution executory pending appeal. Since there was
no TRO or injunction, and its opinion that the CA decision would not
constitute res judicata or in any way affect the petition for mandamus, the
RTC issued a writ of mandamus and went even further in deciding that the
appointments were valid.
ISSUE:
HELD:
No. First, it is erroneous for the RTC to opine that the CA decision would
not affect the petition before it because clearly, the mandamus petition
heavily relies on the validity or invalidity of the appointments which issue is
yet to be resolved by the CA. Second, even while there is no preliminary
injunction or TRO issued by the higher court, ordinarily it would be
proper for a lower court or a court of origin to suspend the proceedings
on the precept of judicial courtesy. Hence, the RTC erred when it decided
on the mandamus petition for disregarding such principle.