G.R. No. 158836 September 30, 2015
SUNRISE CORPORATION, Petitioner vs. COURT OF APPEALS and FIRST ALLIANCE REAL ESTATE DEVELOPMENT, INC., Respondents

FACTS

In 1998, the Sangguniang Panlungsod of Antipolo City passed City Ordinance No. 08-98 for the construction of a city road. Sunrise Garden Corporation, an affected landowner planning to develop a memorial park, executed an Undertaking to construct the road at its own expense, subject to tax credit reimbursement. The project became a joint venture between the city, barangays, and Sunrise. When Sunrise’s contractor began work, armed guards allegedly hired by Hardrock Aggregates, Inc. blocked access. Sunrise filed a Complaint for damages with a prayer for a temporary restraining order and writ of preliminary injunction against Hardrock. The trial court issued a Writ of Preliminary Injunction. Later, informal settlers encroached, prompting Sunrise to file a Motion for an Amended Writ to include “any and all persons or group of persons” from obstructing the construction. The trial court granted this and issued an Amended Writ of Preliminary Injunction. Subsequently, armed guards from K-9 Security Agency, allegedly hired by First Alliance Real Estate Development, Inc. (which was not a party to the original case), blocked the construction. Sunrise filed a Motion to cite K-9 Security Agency in contempt. K-9 Security Agency, joined by First Alliance and represented by the same counsel, opposed, arguing lack of jurisdiction over them as they were not parties to the case and the writ was void for lack of notice. The trial court issued an Order requiring K-9 to comply with the Amended Writ. Despite this, guards (now claiming to be from Forefront Security Agency) continued to block the work on orders from First Alliance.

ISSUE

Whether a person or entity not a party to the main action can be subject to an ancillary writ of preliminary injunction.

RULING

No. A person who is not a party in the main action cannot be the subject of the ancillary writ of preliminary injunction. The writ is issued to preserve the status quo between the parties pending litigation. It cannot bind non-parties over whom the court has not acquired jurisdiction. In this case, First Alliance Real Estate Development, Inc. was not a party to the pending case between Sunrise and Hardrock. Therefore, the Amended Writ of Preliminary Injunction could not validly be enforced against First Alliance. The opposition filed by K-9 Security Agency, joined by First Alliance, correctly raised the defense of lack of jurisdiction, noting that the writ was void as to them for lack of notice as required by the Rules of Court.