No L-30070. August 29 1980.

Main Topic – Rule 58

FACTS

Frederico Decano was temporarily appointed to the position of janitor in the Motor Vehicles Office  in Dagupan City by Undersecretary of Public Works and Communications. The appointment was approved by the Commissioner of Civil Service and Decano served therein for almost four years. In 1966, C. Posadas, as Acting Registrar – Land Transportation Commission (LTC) – Dagupan City , received a telegram from R. Edu, as Acting Commissioner of Land Transportation Commission (LTC), terminating Decano’s services effective as of the close of business on that day.

  Decano filed a petition for “Mandamus and Injunction” with the Court of First Instance of Pangasinan, claiming that the officials of the LTC acted without power and in excess of authority in removing him from the service. He prayed for the annulment of the dismissal order issued. The Court granted the writ of preliminary injunction and ordered the respondents to “to desist and refrain from disturbing, molesting or otherwise ousting the petitioner from his position as janitor and to pay Decano his corresponding salary from the date of notice of said preliminary injunction, until further orders from the Court.

G.R. No. 173333. August 13, 2008.

Main Topic – Rule 57.

FACTS

Ong instituted a Complaint for the collection of the sum of money with prayer for issuance of a writ of preliminary attachment against Spouses Magaling and Termo Loans Corporation for its failure to pay its signed promissory note. The RTC granted the issuance of a writ of preliminary attachment grounded on the allegation that Spouses Magaling and Termo Loans  “were guilty of fraud in contracting the obligation subject of the complaint for sum of money”. The RTC also issued an Order directing the issuance of the writ prayed for upon the filing of a bond in the amount of P390,000.00. 

No. L-82811. October 18, 1988.

Main Topic – Rule 57.

FACTS

Consolidated Plywood Industries (CPI) filed a suit for collection for reimbursement for the repairs, improvements and guard fees it allegedly spent in the co-owned parcel of land against its co-owner, MHEC. Summons were not served for the reason that MHEC is no longer doing business at said address and nobody around the place knows the present whereabouts of said defendant. The Trial Court ordered the service of summons by publication. Publication was effected in the newspaper, Philippine Daily Inquirer and copy of the alias summons was also sent by registered mail addressed to MHEC. No answer being filed within the sixty-day period after last publication prescribed in the alias summons, MHEC was declared in default and CPII thereafter presented its evidence ex parte. 

G.R. No. 152150. December 10, 2008.

Main Topic – Rule 50.

FACTS

Unibandcard, engaged in the business of extending credit accommodations, instituted a collection suit against Spouses Padua. During the pre-trial, petitioners filed a motion to declare Unibancard non-suited due to insufficiency of the Special Power of Attorney (SPA) executed by Unibancard to authorize Atty. Noel Mingoa to appear in its behalf. The RTC granted the motion and dismissed the case.  Unibancard filed a Notice of Appeal Ad Cautelam with the Court of Appeals, however, they failed to file appellant’s brief within the period provided by the Court. They explained that a computer virus plagued all the computers of its counsel’s law firm and rendered the file containing its appellant’s brief inaccessible. Spouses Padua filed a Motion to Dismiss Appeal on the ground that the Notice of Appeal was filed beyond the 15-day reglementary period to appeal under Rule 45 of the Rules of Court. The CA denied motion to dismiss appeal and Motion for reconsideration for the denial the dismissal of appeal.