G.R. No. L-24704, July 10, 1967
AUYONG HIAN (HONG WHUA HANG), petitioner, vs. JUDGE GAUDENCIO CLORIBEL, Presiding, Branch VI, Court of First Instance of Manila, CONSOLIDATED TOBACCO INDUSTRIES OF THE PHILIPPINES, INC., COLLECTOR OF CUSTOMS, COMMISSIONER OF CUSTOMS and CONSOLIDATED TERMINALS, INC., respondents.

FACTS

On July 3, 1965, petitioner Auyong Hian filed a petition for mandamus and certiorari with preliminary injunction against respondents, seeking to annul the June 9, 1965 order of respondent Judge Cloribel in Civil Case No. 59344, to dismiss that civil case, and to direct respondent Consolidated Tobacco Industries of the Philippines, Inc. (CTIP) to return 600 hogsheads of Virginia leaf tobacco to the custody of the Bureau of Customs. Auyong Hian alleged that the Collector of Customs illegally released the tobacco to CTIP and that respondent Judge validated this release without authority. This Court issued a writ of preliminary injunction on July 12, 1965, enjoining enforcement of the June 9, 1965 order and any interference with the tobacco. Subsequently, CTIP repeatedly moved to lift the injunction, while Auyong Hian opposed and alternatively sought release of the tobacco to him upon posting a bond. Various motions, manifestations, and comments were filed by the parties, including interventions regarding the adequacy of Auyong Hian’s injunction bond and claims for warehousing charges. Meanwhile, in a related case, G.R. No. L-25181 (Auyong Hian v. The Court of Tax Appeals, et al.), decided on January 11, 1967, this Court held that the Court of Tax Appeals had jurisdiction over matters relating to the disposition of the same 600 hogsheads of tobacco.

ISSUE

Whether the petition for certiorari and mandamus with preliminary injunction should be dismissed in light of subsequent developments rendering the issues academic and the Court of Tax Appeals’ jurisdiction over the subject tobacco.

RULING

The petition is dismissed. The Court resolved: (1) to grant CTIP’s motion to dismiss the case, as the issues have become academic because the reliefs sought by Auyong Hian (dismissal of Civil Case No. 59344 and declaration of the June 9, 1965 order as without force) were practically achieved, and because the 600 hogsheads of tobacco are the same subject in G.R. No. L-25181, where the Court of Tax Appeals was held to have jurisdiction to hear and determine all matters relating to their disposition; (2) to dissolve the writ of preliminary injunction issued on July 12, 1965, effective upon finality of this resolution, as the question of injunction is now properly cognizable by the Court of Tax Appeals; and (3) to deny all other unresolved prayers, petitions, motions, and manifestations, without prejudice to the parties filing them before the Court of Tax Appeals in the pending CTA Case No. 1560. The Court of Tax Appeals is to be furnished a copy of this resolution.