FACTS: The plaintiff filed a motion for a preliminary injunction in the Court of First Instance of Manila to prevent the defendants from selling certain property upon execution. The court denied the motion for the preliminary injunction but concurrently ordered that the proceeds of sales under existing executions be deposited in court, subject to further orders, provided the plaintiff filed a bond of 10,000 pesos to cover any losses resulting from a failure to apply the proceeds as ordered. The plaintiff then filed an original action of certiorari in a higher court, alleging that the lower court exceeded its jurisdiction in making this order. The defendants demurred to the plaintiff’s complaint, and the case proceeded to a decision on the demurrer. The complaint did not state whether the plaintiff had filed the required bond.

ISSUE: Did the Court of First Instance exceed its jurisdiction in issuing the order denying the preliminary injunction and conditionally ordering the deposit of execution sale proceeds?

RULING: No. The Court of First Instance did not exceed its jurisdiction. Since the complaint did not allege that the plaintiff filed the required bond, the portion of the order regarding the deposit of proceeds never became operative. Therefore, the order effectively only denied the motion for a preliminary injunction. The court affirmed that denying a motion for a preliminary injunction is within the jurisdiction of the lower court. The demurrer was sustained, and the plaintiff was given five days to amend the complaint.