CAHAMBING v. ESPINOSA and ANG

ROSARIO E. CAHAMBING vs. VICTOR ESPINOSA AND JUANA ANG
January 25, 2017

G.R. No. 215807

FACTS:

Petitioner and respondent Victor Espinosa are siblings and the children of deceased spouses Librado and Brigida Espinosa, the latter bequeathing their properties, among which is Lot B or Lot 354 with an area of 1,341 square meters, more or less, situated in Maasin City, Southern Leyte, to the said siblings in the same deceased spouses’ respective Last Wills and Testaments which were duly probated.

Deceased Librado and Brigida bequeathed their respective shares over Lot 354 to respondent Victor Espinosa, however, Brigida subsequently revoked and cancelled her will, giving her one-half (1/2) share over Lot 354 to petitioner.Brigida Espinosa and respondent Victor Espinosa, after the death of Librado Espinosa, entered into an Extrajudicial Partition of Real Estate subdividing Lot 354 into Lot 354-A. Not being included in the partition of Lot 354, petitioner filed a complaint against respondent Victor Espinosa and his representative.

Thereafter, respondent Victor Espinosa filed an Application for the Issuance of a Writ of Preliminary Injunction with Prayer for the Issuance of a Temporary Restraining Order dated March 3, 2009 against petitioner alleging that the latter violated the status quo ante order by allowing her sons to occupy the space rented by Jhanel’s Pharmacy which is one of respondent Victor Espinosa’s tenants.

The RTC, finding merit to the application for temporary restraining order filed by respondent Victor Espinosa, granted the same on March 6, 2009. Thereafter, the RTC, on September 22, 2009, issued an Order for the issuance of a writ of preliminary injunction, the dispositive portion of which reads as follows:

IN VIEW OF THE FOREGOING, the defendant’s prayer for the issuance of a writ of preliminary injunction is GRANTED.

ISSUE:

Whether or not the court erred in the decision and that the petition for certiorari be given merit in favor of the petitioner.

HELD:

NO. This Court agrees with the CA and the RTC that the elements for the issuance of a writ of preliminary injunction are present in this case. As aptly ruled by the CA:

In this case, respondent court correctly found that private respondent Victor Espinosa had established a clear and unmistakable right to a commercial space heretofore occupied by Jhanel’s Pharmacy. He had an existing Contract of Lease with the pharmacy up to December 2009. Without prejudging the main case, it was established that, at the time of the issuance of the status quo order dated April 16, 1998, Jhanel’s Pharmacy was recognized as one of private respondent Victor Espinosa’s tenants. In fact, petitioner identified only Pacifica Agrivet Supplies, Family Circle, Ariane’s Gift Items and Julie’s Bakeshop. As such, pursuant to the status quo order, it is private respondent Victor Espinosa who must continue to deal with Jhanel’s Pharmacy. Correspondingly, the commercial space occupied by Jhanel’s Pharmacy must be deemed to be under the possession and control of private respondent Victor Espinosa as of the time of the issuance of the status quo order.

All of the above findings and considerations expounded in the CA’s assailed decision and resolution contain no reversible error, thus, they should not be disturbed. It must always be remembered that the issuance of a writ of preliminary injunction rests entirely on the discretion of the court and is generally not interfered with except in cases of manifest abuse. In this case, no manifest abuse can be attributed to the RTC that issued the questioned writ. This Court has also held that no grave abuse of discretion can be attributed to a judge or body issuing a writ of preliminary injunction where a party has not been deprived of its day in court as it was heard and it exhaustively presented all its arguments and defenses.