G.R. No. L-1386; July 30, 1948
PUYAT & SONS CO., INC., DIONISIO P. NAVO y ROMAN ALEJANDRE, petitioners, vs. MEYNARDO M. FAROL, Judge of First Instance of Mindoro, and MINDORO SAWMILL COMPANY, respondents.

FACTS

The petitioners obtained a search warrant from the justice of the peace of Pola, Mindoro, against the respondent Mindoro Sawmill Company, alleging that certain parts belonging to a sawmill owned by the petitioners had been stolen and were in the possession of the respondent. To prevent the execution of the search warrant, the Mindoro Sawmill Company immediately filed a civil case against the petitioners before the Court of First Instance of Mindoro, claiming absolute ownership of the parts and seeking a writ of preliminary injunction to restrain the petitioners from executing the search warrant. The Judge of First Instance, upon the posting of a P5,000 bond by the plaintiff, issued the requested preliminary injunction. The petitioners filed this certiorari petition to annul the injunction, arguing the judge exceeded his jurisdiction or gravely abused his discretion.

ISSUE

Whether the writ of preliminary injunction issued by the respondent judge should be annulled.

RULING

The petition is dismissed. The Supreme Court found the case had become moot and academic. The records showed that a decision had already been rendered in the main civil case, declaring the Mindoro Sawmill Company as the owner of the parts in question and making the preliminary injunction permanent. This decision had already become final and executory, as no appeal was taken. Consequently, the Court was relieved from deciding the legal questions raised, such as the propriety of issuing a search warrant independently of a main action or the nature of the disputed parts as immovable property by incorporation under Article 334(5) of the Civil Code. Costs were taxed against the petitioners.

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