G.R. No. L-1980; May 25, 1949
CIPRIANO SEVILLA, petitioner, vs. CEFERINO DE LOS SANTOS and DOMINGO CUNETA, respondents.

FACTS

Respondent Domingo Cuneta filed an action for illegal detainer (unlawful detainer) against petitioner Cipriano Sevilla in the justice of the peace court. The court decided in favor of Cuneta but awarded no rental judgment. Sevilla appealed to the Court of First Instance (CFI). During the appeal, Cuneta moved for and was granted a writ of preliminary injunction by the CFI judge (respondent Ceferino de los Santos), prohibiting Sevilla from cultivating the land and gathering crops, but allegedly not ordering him to vacate. Sevilla filed this petition for certiorari, alleging the CFI judge acted without jurisdiction or with abuse of discretion in issuing the injunction.

ISSUE

Whether the Court of First Instance, in an appealed unlawful detainer case, has the power to issue a writ of preliminary injunction.

RULING

No. The petition is granted. Under the Rules of Court (Section 3, Rule 72), a preliminary injunction may be issued in accordance with Rule 60 to prevent further acts of dispossession. However, applying precedent (Piit vs. De Lara and Velez), such preliminary injunction is available only in forcible entry proceedings, not in an action for unlawful detainer. Since the case originated as and remained an unlawful detainer action on appeal, the CFI judge had no power to issue the writ. The challenged order and writ of preliminary injunction are set aside.

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