GR 140058; (August, 2002) (Digest)
G.R. No. 140058 ; August 1, 2002
MABAYO FARMS, INC., herein represented by its President MRS. RORAIMA SILVA, petitioner, vs. HON. COURT OF APPEALS and ANTONIO SANTOS, respondents.
FACTS
Petitioner Mabayo Farms, Inc. filed a complaint for injunction with damages (Civil Case No. 6695) against several named defendants and “John Doe, Peter Doe, and Richard Doe” after a group of occupants entered its land, destroyed fences, and drove away livestock. The Regional Trial Court (RTC) issued a writ of preliminary injunction dated April 14, 1998, enjoining “the defendants or any person or persons acting in their place or stead” from entering and cultivating the land. This writ was served upon private respondent Antonio Santos, who was found occupying a portion of the land but was not a named defendant in the case. Santos claimed he was an innocent purchaser for value from the Alejandros and was not a party to the case. He filed a special civil action for certiorari with the Court of Appeals, which enjoined the enforcement of the writ against him. Mabayo Farms filed the instant petition, arguing Santos was bound by the writ as one of the “Does” and that he should have intervened in the main case.
ISSUE
Is private respondent Antonio Santos bound by the writ of preliminary injunction issued by the trial court in Civil Case No. 6695?
RULING
No. The Supreme Court denied the petition and affirmed the decision of the Court of Appeals. The writ of preliminary injunction specifically enjoined only the defendants in Civil Case No. 6695 or persons acting on their behalf. Private respondent Antonio Santos was not a defendant in that case, and there was no indication he was acting on behalf of any defendant. A preliminary injunction is an ancillary remedy; a person who is not a party to the main suit cannot be bound by such a writ. The Court also held that Santos had no duty to intervene in Civil Case No. 6695, as intervention is optional, and he lacked the requisite direct and immediate legal interest in an action for permanent injunction and damages to which he was a stranger. The proper procedure for petitioner was to implead Santos as an additional defendant in the main case pursuant to Section 11, Rule 3 of the 1997 Rules of Civil Procedure, which allows adding parties at any stage of the action.