GR L 3378; (November, 1906) (Digest)
G.R. No. L‑3378
November 30, 1906
FACTS
– Jose Castaño, acting as attorney‑in‑fact for Jose Fernández, filed an action for prohibition under Sec. 226 of the Code of Civil Procedure.
– He sought to restrain Judge Charles S. Lobingier of the Court of First Instance (CFI) of the Twelfth Judicial District, Leyte, and respondent Manuel Araujo.
– The petition alleged that Judge Lobingier, on 14 April 1906, issued a preliminary injunctionat Araujo’s requestdirecting the Justice of the Peace of Manila, the sheriff of Leyte, and Castaño to refrain from executing a judgment rendered by the Manila Justice of the Peace on 3 March 1906 against Araujo.
– Two days later the judge summoned the parties to answer a petition for certiorari filed in his court under Sec. 217, Code of Civil Procedure.
ISSUE
1. Whether a judge of a Court of First Instance possesses authority to issue a preliminary injunction against a Justice of the Peace situated outside his own district (Manila).
2. Whether such a judge may entertain a petition for a writ of certiorari directed at that Justice of the Peace.
RULING
– The Court held that the authority granted by § 56(7), Act No. 136, and § 163 of the Code of Civil Procedure is limited to the judge’s own province or district.
– Consequently, a CFI judge lacks jurisdiction to (a) issue a preliminary injunction against a Justice of the Peace residing in another district, and (b) entertain a certiorari petition concerning that Justice of the Peace.
– Granting such extraordinary remedies beyond the judge’s territorial jurisdiction would impermissibly interfere with the orderly administration of justice and subvert procedural safeguards.
– The demurrer to the petition was overruled, and the petition for prohibition was allowed to proceed.
Concurrence: Chief Justice Arellano, Justices Mapa & Carson.
Dissent: Justices Johnson, Willard & Tracey.
