G.R. No. L-2676; January 31, 1949
LI KIM THO, petitioner, vs. CONRADO S. SANCHEZ, Judge of First Instance of Manila, Branch VII, and GO SIU KAO, respondents.

FACTS

Petitioner Li Kim Tho, the lessee of a building, sublet its ground floor to respondent Go Siu Kao. After liberation, Li Kim Tho needed the entire building and demanded Go Siu Kao to vacate. Upon refusal, Li Kim Tho filed an ejectment suit. The Municipal Court ruled in favor of Li Kim Tho, a decision affirmed by the Court of First Instance and the Court of Appeals. Go Siu Kao’s petition for certiorari to the Supreme Court was dismissed, making the judgment final. To prevent execution, Go Siu Kao filed a new action claiming to be the direct lessee of the building’s administrator, Fernandez Hermanos, Inc., and obtained a preliminary injunction to stay execution. Although initially lifted, a different judge later issued a writ of mandatory injunction to restore Go Siu Kao to possession. Li Kim Tho now petitions for certiorari, alleging grave abuse of discretion.

ISSUE

Whether the respondent judge committed grave abuse of discretion in issuing a writ of mandatory injunction to stay the execution of a final and executory judgment.

RULING

Yes. The Supreme Court granted the petition and revoked the order for mandatory injunction. The Court held that litigation must end upon finality of judgment, and courts must guard against schemes to delay execution. The issue raised in Go Siu Kao’s new action—his claim of a direct lease—had already been passed upon by the Court of Appeals when it denied his motion for new trial. The filing of a new action on the same issue was a mere subterfuge to frustrate the execution of a final judgment. The respondent judge’s issuance of the writ constituted a grave abuse of discretion correctable by certiorari. The preliminary injunction against the writ was made permanent.

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