CASE NO.

03
Technology Developers, Inc. v. Court of Appeals
G.R. No. 94759 January 21, 1991

Facts:

Technology Developers, Inc. (petitioner) is a domestic private corporation engaged

in the manufacture and export of charcoal briquette. The Municipality of Sta. Maria,
Bulacan (respondent) ordered the full cessation of petitioner's plant operation until
further notice due to pollution concerns. The respondent requested petitioner to bring
the necessary permits and documents to the mayor's office. Petitioner complied and
started securing the required permits, including an anti-pollution permit. However,
petitioner lacked a mayor's permit and was not entertained when they sent
representatives to secure it. Without prior notice, the respondent ordered the closure
of petitioner's plant, prompting petitioner to file an action for certiorari, prohibition,
mandamus with preliminary injunction against the respondent.

Issue:

Whether or not the appellate court committed a grave abuse of discretion in setting
aside the writ of preliminary mandatory injunction.

Ruling:

The petition is denied. The appellate court did not commit a grave abuse of discretion
in setting aside the writ of preliminary mandatory injunction.

Ratio:

The court held that the issuance of a writ of preliminary injunction is within the
sound judicial discretion of the trial court and should not be disturbed on appeal
unless it is shown that the court acted without jurisdiction, in excess of jurisdiction,
or in grave abuse of discretion. In this case, the court found several circumstances
that justified the dissolution of the writ of preliminary injunction. First, petitioner
did not secure a mayor's permit, and the mayor has the responsibility to protect the
community from pollution. Second, the Acting Mayor ordered the closure of
petitioner's plant due to complaints from residents and an investigation report that
indicated the lack of proper air pollution devices. Third, petitioner failed to produce
a building permit from the municipality and only presented a building permit from
another city. Fourth, petitioner's temporary permit to operate had already expired,
and no effort was made to extend or validate it or install pollution control devices.
Considering these factors, the court upheld the dissolution of the writ of preliminary
injunction.
Summary:

Technology Developers, Inc. filed a petition seeking to annul the orders of the trial
court and the appellate court that set aside the writ of preliminary mandatory
injunction. The petitioner's plant was ordered to cease operations due to pollution
concerns, and the petitioner failed to secure the necessary permits and documents.
The court held that the trial court and the appellate court did not commit a grave
abuse of discretion in setting aside the writ of preliminary mandatory injunction. The
court considered the lack of a mayor's permit, complaints from residents, an
investigation report, and the expiration of petitioner's temporary permit to operate as
justifications for the dissolution of the injunction. The court emphasized the
importance of protecting the health and lives of the people from environmental
pollution.