GR 1905; (April, 1904) (Digest)
G.R. No. 1905 : April 9, 1904
FLAVIANO FELIZARDO, ET AL., petitioners, vs. THE JUSTICE OF THE PEACE OF IMUS, respondent.
FACTS:
Petitioners Flaviano Felizardo and Francisca Felizardo filed a complaint seeking a writ of prohibition against the Justice of the Peace of Imus. They alleged that an attachment had been levied upon their property in a case pending before the respondent justice of the peace. They prayed for an order to dissolve the attachment and for a writ to prohibit the justice of the peace from proceeding further until a final decision was rendered on their complaint, claiming there was no other speedy and adequate remedy at law.
ISSUE:
Whether a writ of prohibition is the proper legal remedy to dissolve an attachment levied by a justice of the peace and to halt the proceedings in that court.
RULING:
No. The Supreme Court denied the petition for a writ of prohibition. The Court held that the parties, by intervening in the suit where the attachment was levied, may avail themselves of all legal remedies provided for the defense of their rights within that proceeding. However, they cannot use the extraordinary writ of prohibition to obtain a discharge of the attachment. The matter of the attachment pertains exclusively to the jurisdiction of the judge hearing the case, and there is no legal authority for a superior court to interfere with those proceedings via prohibition under the circumstances presented. The petition was denied with costs against the petitioners.
