G.R. No. L-27394 October 13, 1967
Armando V. Ampil, petitioner, vs. The Honorable Judge Corazon Juliano-Agrava, Antonio M. Perez and Benigno Perez y Tuazon, respondents.

FACTS

Petitioner Armando V. Ampil filed a petition for certiorari and secured a writ of preliminary injunction from the Supreme Court, restraining the respondents from enforcing a specific court order (Annex D). Respondent Antonio M. Perez filed a motion to lift the writ of preliminary injunction as against him. He alleged that the properties covered by Transfer Certificates of Title Nos. 24927 and 24928 of Manila had already been awarded to him by virtue of a compromise agreement entered into by the parties in a prior case (G.R. No. L-19711), which compromise was approved by the Supreme Court on November 17, 1966. The certificates of title are currently in the possession of petitioner Ampil. The Supreme Court required Ampil to comment on the motion, but he failed to submit any comment.

ISSUE

Whether the writ of preliminary injunction previously issued should be lifted and the certificates of title delivered to respondent Antonio M. Perez.

RULING

The Supreme Court granted the motion. It ordered petitioner Armando V. Ampil to deliver Transfer Certificates of Title Nos. 24927 and 24928 to respondent Antonio M. Perez. This order is conditioned upon Perez filing and the Court approving a bond in the amount of P25,000.00. This bond shall answer for any damages Ampil may suffer regarding his claim for attorney’s fees against his former client, Angela Tuason de Perez, as a result of the lifting of the writ of preliminary injunction. The Court based its ruling on the established fact that the compromise agreement awarding the properties to Perez had been approved by the Supreme Court.