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Barroso vs. Omelio, G.R. No. 194767, October 14, 2015,


G.R. No. 194767, October 14, 2015
EDGAR T. BARROSO, Petitioner, v. HON. JUDGE GEORGE E.
OMELIO, PRESIDING JUDGE, REGIONAL TRIAL COURT,
BRANCH 14, DAVAO CITY AND TRAVELLERS INSURANCE &
SURETY CORPORATION, ANTONIO V. BATAO, REGIONAL
MANAGER, Respondents.
PERALTA, J.:

Overview:
Barroso filed a complaint for collection of sum of money,
damages, and attorney’s fees against Dennis Li. The complaint
includes a writ of attachment which was granted with the
corresponding attachment bond. Dennis Li, on the other hand, filed a
counter-attachment bond issued by Travelers Insurance and Surety
Corporation (Travelers). Thereafter, Barroso filed a motion for
approval of compromise agreement which was granted by the Court
and issued a writ of execution. Regardless of the agreement, Dennis
Li still failed to pay the sums of money and a writ of execution was
returned by sheriff unsatisfied. An alias writ of execution was later
issued against Dennis Li and Travelers based on the counter bond filed
by Dennis Li. Travelers asked a period of 7 days to validate the
counter-bond, however, they filed a separate case for Declaration of
Nullity, Prohibition, Injunction and Damages which was raffled to
RTC 14. Judge Omelio of RTC 14 issued a preliminary injunction.
Facts:
 2007: Barroso filed with RTC Davao, Br. 16, a complaint for
collection of sum of money, damages, and attorney’s fees against
Dennis Li.
 The complaint includes a writ of attachment which was granted
with the corresponding attachment bond. RTC-Br. 16 granted
herein petitioner's application for a Writ of Attachment and
approved the corresponding attachment bond.
 Dennis Li, on the other hand, filed a counter-attachment bond
issued by Travelers Insurance and Surety Corporation (Travelers).
 2008: Barroso filed a motion for approval of compromise
agreement which was granted by the Court and issued a writ of
execution. Regardless of the agreement, Dennis Li still failed to
pay the sums of money and a writ of execution was returned by
sheriff unsatisfied.
 2009: An alias writ of execution was later issued against Dennis
Li and Travelers based on the counter bond filed by Dennis Li.
 Travelers asked a period of 7 days to validate the counter-bond,
however, they filed a separate case for Declaration of Nullity,
Prohibition, Injunction and Damages which was raffled to RTC
14.
 Judge Omelio of RTC 14 issued a preliminary injunction.
SC:
The instant petition was filed with the Supreme Court, alleging
that respondent judge committed grave abuse of discretion amounting
to lack or in excess of jurisdiction and gross ignorance of the law by
(1) acting on respondent Travellers' petition despite the lack of
jurisdiction of RTC-Br. 14;
(2) issuing the writ of preliminary injunction without requiring
Travellers to put up an injunction bond; and
(3) assuming jurisdiction over the action for prohibition and
injunction against the executive sheriff of a coequal court.

Issue:
Whether or not Judge Omelio committed grave abuse of
discretion amounting to lack or excess of jurisdiction.

Ruling:
Yes.
Under the doctrine of judicial stability or non-interference in
regular courts or judgments of a co-equal court is an elementary
principle in the administration of justice that “no court can interfere
by injunction with the judgments or orders of another court of
concurrent jurisdiction having the power to grant relief sought by the
injunction.
The rationale for the rule is founded on the concept of
jurisdiction: a court that acquires jurisdiction over the case and
renders judgment therein has jurisdiction over its judgment to the
exclusion of all other coordinate courts for its execution and over all
its incidents, and to control, in furtherance of justice, the conduct of
ministerial officers acting in connection with this judgment.
Thus, a case where an execution order has been issued is
considered as still pending in court, so that all the proceedings on the
execution are still proceedings in the suit.

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