G.R. No. 68619. March 16, 1989.

Main Topic – Rule 65.

FACTS

Petitioners filed a complaint for illegal dismissal, unfair labor practice and moral damages against Shellwood Industries (SHELWOOD). It appears that SHELLWOOD entered into a compromise agreement with the petitioners and agreed to give financial assistance amounting to P20,000.00 in lieu of union’s withdrawal of a case. SHELWOOD instead of paying the petitioners, terminated their service. The labor arbiter ordered the company to reinstate the petitioners and extend financial assistance equivalent to six (6) months of their respective salaries. On appeal to the NLRC, affirmed the judgment but deleted the award of financial assistance. The deletion is based on the ground that the company did not act in bad faith in terminating the petitioners since it merely complied with the request of the certified union for the dismissal of employees expelled from the union pursuant to the union security clause in the Collective Bargaining Agreement

G.R. No. 64220. March 31, 1992.

Main Topic – Rule 58.

FACTS

Searth borrowed from Development Bank of the Philippines (DBP) amounting to P370,000 to finance its tomato plantation in La Union. In 1974, Searth failed to pay its agricultural loan which resulted to the foreclosure of the real estate and chattel mortgage executed. Title to the foreclosed properties were thereafter consolidated in the name of DBP. In 1980, DBP advertised to sell some of its acquired assets, including the subject residential properties previously owned by petitioners Camacho, Castro and Taroja. Petitioners filed for annulment of real estate mortgages and foreclosure sale and the issuance of a writ of preliminary injunction to enjoin the sale of the residential properties.

The Trial Court issued an order restraining the bidding of the individual properties of the petitioners. After the expiration of the restraining order the petitioners moved for its extension.

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.