G.R. No. 41072; February 7, 1934
PO SUN TUN, petitioner, vs. EMILIO MAPA and MARIANO ALBERT, Judges-at-large, acting as Judges of First Instance of Manila, and THE NATIONAL EXCHANGE CO., INC., respondents.

FACTS

The National Exchange Co., Inc. obtained a judgment against Jose H. Katigbak. Katigbak, in turn, had a judgment against Po Sun Suy and Po Ching, which he transferred to the petitioner, Po Sun Tun. In a separate case (G.R. No. 31871), this transfer was declared fraudulent and rescinded by the court, ordering that the property of Po Sun Suy and Po Ching be subject to execution for National Exchange’s judgment against Katigbak. Subsequently, in two orders (April 15 and August 19, 1933), the Court of First Instance of Manila directed the clerk of court to deliver to National Exchange sums deposited by Concepcion Martinez in satisfaction of a judgment in her case (where Po Sun Tun was the judgment creditor). Po Sun Tun did not appeal these orders but later filed a petition for certiorari to annul them.

ISSUE

Whether the writ of certiorari should be granted to annul the two orders of the trial court that directed payment to National Exchange.

RULING

No. While the Court found the two orders null and void for lack of jurisdiction—as they effectively served as writs of execution to enforce a judgment (in civil case No. 33474) that only rescinded a transfer and did not order Po Sun Tun to pay any sum of money—the petition for certiorari must be dismissed. The petitioner lost his right to appeal through negligence and unreasonably delayed filing the petition (over four months from the later order and over eight months from the earlier order) without justifiable cause. The general rule is that certiorari does not lie if the applicant has delayed for an unreasonable time, and the writ may be refused under such circumstances. The petition was dismissed, with costs against Po Sun Tun.

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