Dir. of Bureau of Telecommunications vs.

Aligaen
G.R. No. L-31135 May 29, 1970

Facts:
The respondent filed with the CFI of Capiz a verified petition of injunction
with preliminary injunction alleging that he was the grantee of a Congressional
franchise to establish and operate a telephone system in Roxas City and in the
province of Capiz, and that the petitioners were starting to establish and operate in
the same geographical area of Roxas which would directly compete with the
telephone system he was presently operating. Judge Aligaen ordered the issuance of
the writ of preliminary injunction. The solicitor general answered to the petition for
injunction by Belo denying allegations and setting up special and affirmative
defenses that the trial court did not have jurisdiction over the case.

Issue:
Whether or not the Court of First Instance had the jurisdiction to issue the
writ of preliminary injunction

Held:
Yes. In Acosta v. Alvendia, this Court held that, pursuant to Sec. 44(h) of the
Judiciary Act and Sec. 2, Rule 60 of the Rules of Court, courts of first instance have
jurisdiction to control or restrain acts committed or about to be committed within
the territorial boundaries of their respective provinces and districts by means of the
writ of injunction. In the instant case, the acts relative to the establishment of a local
telephone system by petitioners were being done within the territorial boundaries
of the province or district of respondent court, and so said court had jurisdiction to
restrain them by injunction.